"Hawkins looks to swap rights for water"

From today's Moscow-Pullman Daily News:

Developer, Colton talk about exchange to open doors for corridor growth

The town of Colton wants to swap water rights with the developer of a proposed shopping mall along the Pullman-Moscow Highway.

Colton Mayor Greg Eylar said the city agreed to swap 22-acre-feet of water it was about to acquire in exchange for the rights to 100-acre-feet of water the Hawkins Companies are attempting to acquire.

One acre-foot of water is equal to 326,000 gallons of water.

Hawkins paid Colton $7,500 to delay finalizing the city’s right to the water and give the company time to find water rights the city could use.

Eylar said Hawkins representatives told city officials earlier this month that they found water rights they believe would work for Colton.

Hawkins representatives were not available for comment.

Eylar said the company plans to use the water rights so it can pursue permits for a shopping center just west of the Washington-Idaho state line.

Hawkins plans to build a 700,000 square-foot shopping center on Highway 270 that would include stores like Lowe’s and other national retailers.

Keith Stoffel, manager of the water research program for the state Department of Ecology in Spokane, said the department first met with officials from Hawkins in June to review the rules for water right transfers. Since then, Stoffel said Ecology and Hawkins have communicated but the state has not received an application for the transfer.

Stoffel said water right transfers do occur, but it’s not simple.

In addition to proving the validity of the water right claim, an applicant has to prove there is enough water in the system to transfer and the water can be pumped at the different location.

Stoffel said water rights cannot jump from one area to another, but groundwater has drainage areas similar to above ground rivers. The water right must apply to the area where the applicant wants to drill a well.

Eylar said Hawkins found water rights near LaCrosse. Union Flat Creek drains that area and flows past Colton. Eylar said Westwater Research, which was hired by Hawkins to find water rights for the proposed shopping center, told the city the 100-acre feet water rights should transfer to Colton because the town is in the creek’s drainage.

The water right could not extend to Hawkins proposed building site because it is outside the drainage area.

The water right Colton was pursuing could apply to the Hawkins development because it is located in the Moscow-Pullman Sub-basin.

Rylan Moore, transaction manager for Westwater Research LLC based in Vancouver, Wash., said Hawkins did not want any of its research released until the company and Colton finalize a deal and it becomes public record.

For Colton, the new water rights could equal growth.

“I think this could be a great thing for the city of Colton,” Eylar said. “It would give us a little room to grow and give the area some more retail.”

Brothers Greg and Art Schultheis wanted to develop about five acres on the outskirts of Colton into a residential area, but the city didn’t have the water rights for them to build.

The city submitted an application for additional water in 1994 and have waited since.

In June, the Schultheis brothers found water rights available for 22-acre feet of water on the outskirts of Pullman. The city then applied for .08 funds from the county and was about to pay $11,000 for the water right when Hawkins approached the town and proposed the exchange.

Eylar said the whole deal could have fallen through if Colton had secured the water right. Once a municipality controls a water right, it can’t sell it.

The deal isn’t done yet. It still must be approved by the Department of Ecology.

Stoffel said the application will be reviewed by the local water conservation board, and then be forwarded to the state. No guarantee or timeline exist for its approval.

Take that No Super WalMart!!!!

"Hawkins to tap into Moscow's water; City to sell services to development company looking to build retail center in Pullman-Moscow corridor"

That's a headline I never thought I would post here!! Hawkins and Colton get their water and the Department of Ecology can no longer hold up our development! The Border War is over and Moscow and Whitman County can start cooperating again on issues that matter.

From today's Moscow-Pullman Daily News:

The city of Moscow has changed its stance on a proposed development in Whitman County.

The City Council voted 5-1 Monday to sell water to Hawkins Companies for use at its proposed 700,000-square-foot retail development, which would be situated just across the state line in the Pullman-Moscow corridor.

The city also agreed to drop its appeal of a water rights transfer by Hawkins.

A settlement agreement between the entities was developed during two days of mediation between Moscow, Hawkins, the Washington State Department of Ecology and the city of Colton last week in Spokane.

The council had to vote on the settlement without disclosing its content to the public because of a confidentiality requirement of the mediation.

Councilmen Walter Steed and Wayne Krauss, Mayor Nancy Chaney and Public Works Director Les MacDonald attended the mediation. The full council discussed the settlement in a private session before Monday night's meeting.

Tom Lamar was the only council member to vote against the agreement.

The agreement states that, pending permitting by the Idaho Department of Water Resources, Moscow will provide up to 45 acre-feet of drinkable water per year and up to 20 acre-feet of irrigation water per year, unless Hawkins uses reclaimed water for irrigation. The city also will provide water for fire protection for the development.

The city also is offering Hawkins sewer treatment services. Hawkins has 90 days to decide whether to accept the services and must build a sewage treatment facility on its property if it does not accept the deal with Moscow. Hawkins has estimated it will cost $2 million to build a sewage treatment plant at the site.

If Moscow develops a reclaimed water supply for irrigation, Hawkins can negotiate a deal to use it. Steed said the 20 acre-feet designated for irrigation will be removed from the deal if Hawkins uses reclaimed water, whether from Moscow or its own treatment plant.

The city will charge Hawkins rates that are "fair and reasonable and consistent with rates and charges set for similarly situated customers of the city," the agreement states.

According to the agreement, Hawkins is responsible for the capital costs of extending water utilities from the city to the development. Whitman County has agreed to sell bonds to pay for public infrastructure at the site.

Moscow will withdraw the appeals of three Hawkins water rights that it filed with the Washington State Pollution Control Hearings Board.

Hawkins will withdraw its appeal of one water right, an annual 63-acre-feet draw from the Wanapum aquifer, that was rejected by the board.

Colton will get 100 acre-feet of annual water rights it negotiated in a deal with Hawkins.

Hawkins will have the right to exercise two of its water rights until city water service begins, at which time Hawkins will relinquish its rights and retire them permanently.

Krauss said he went into the mediation knowing the final decision would make some people unhappy, but it had to be reached.

"This a real case of being caught between a rock and hard spot when you do something like this and you make a decision," he said.

Steed said the agreement provides revenue for Moscow and causes no net increase in withdrawals from the Grand Ronde aquifer.

He said Palouse Basin Aquifer Committee officials believe the agreement will create a net decrease in water usage compared to the usage that could happen if Hawkins had all its water rights approved and Moscow lost its appeal.

"We believe there are benefits to the city of Moscow and its citizens in the agreement," Steed said.

Lamar said he voted against the proposal because he doesn't see a clear benefit for Moscow and its residents. [Waaahhhh. Get used to being the single "No" vote Lamar - tf]

"Personally, I'm concerned with the details and the precedent that may be set with decisions if we are to accept this," he said.

He said he doesn't think the city should sell water rights across the state line because Moscow has no ability to annex or tax the development. The development also could have negative ramifications for Moscow businesses.

"Once we decide to sell water to Hawkins, it's no longer just the water issue, it's the city of Moscow helping to make that development happen," he said.

Chaney said she would have voted against the agreement if given the chance. [Of course she would have. Luckily Mayor Moonbat has become Mayor Irrelevant - tf]

She said the agreement saves Hawkins money, which will expedite additional development in the corridor that will draw even more water from a declining aquifer.

"I'm not comfortable that we have all the information in hand yet," she said.

Several Moscow residents who spoke before the vote on the agreement said they were upset with the confidentiality.

"The people here are concerned (about water issues). They are interested," Moscow resident David Pierce said. "The fact that you are willing, it appears, to approve a mitigation and a compromise on this thing without involving the people of the area I think is a great travesty to the people of this area."

Several people also were concerned that the council is jeopardizing the future of Moscow's water resources by agreeing to extend services to Hawkins.

"I also am concerned that the city is willing to mortgage our children's future and put their water rights at risk and destroying possibly two existing wells and our downtown in order to put money in other people's pockets," Moscow resident Betsy Dickow said.

Moscow resident David Hall said selling water to Hawkins causes Moscow to lose its credibility as a city concerned about water.

"Moscow needs to do a full water budget before it can even consider providing water to outside entities," Hall said.

Many council members said they were uncomfortable about not being able to discuss the agreement before the vote.

Steed said confidentiality "was placed upon us. We didn't ask for it. We didn't particularly want to do it that way."

Lamar said Moscow residents will have the chance to share their opinions about the agreement during the Idaho Department of Water Resources permitting process, which will be conducted by the state.

Lambert said Moscow's representatives at the mediation could have just walked away, but it would have left the city with no control over how Hawkins uses its water rights.

"This issue is not a cut-and-dried issue where we've got the right to stop what they're doing over there, and everybody in this town needs to understand that," Lambert said. "At least we've got the right to determine how much water we can give them."

Whitman County Commissioner Jerry Finch said Moscow's decision takes "a big impediment off the process."

"I think it is a win-win for both the county and the city of Moscow," Finch said. "We've come a long way. Six months ago I would have never thought they would sell Hawkins water."

"Hawkins submits four water rights requests"

With no protesting, panel presentations, or lawsuits (yet), the Hawkins Companies development is one step closer to reality.
From yesterday's Moscow-Pullman Daily News:

Development company seeks annual rights to 264 million gallons of water

Boise-based Hawkins Companies has applied to transfer annual rights for 264 million gallons of water to its proposed 700,000-square-foot shopping center in Whitman County, just across the border from Moscow.

The development company recently presented the Whitman County Water Conservancy Board with four proposals to reallocate existing water rights to its proposed 110-acre development on the eastern edge of the Pullman-Moscow corridor.

If approved, the water rights would come from Colton, areas along Union Flat Creek and north of Pullman.

As part of the transfers, Hawkins is requesting the annual rights to 74.5-acre feet, or 23 million gallons, that currently flow in the South Fork of the Palouse River be switched to water the company could extract from its wells.

Comparatively, the city of Moscow used 856 million gallons of water in 2006.

If Hawkins' requests are granted, the 264 million gallons would be righted to the company, but that does not mean the company will use that amount.

The water conservancy board will hear testimony on the water right transfers at 2 p.m. March 7 in the Public Service Building in Colfax. Written testimony will be accepted until March 30.

At the end of the comment period, the water board can either deny the application, ask the Washington State Department of Ecology for technical assistance in evaluating the transfer requests, or approve the request and send its recommendation on to the Department of Ecology.

Guy Gregory, senior hydrologist and technical unit supervisor for Ecology's Eastern Region, said the department has 45 days to review an application once it has a recommendation from the water board.

It can extend that period for an additional 30 days if necessary, and any interested party can make an appeal to the Water Rights Pollutions Control Hearing Board after the Department of Ecology reaches a decision.

Additional appeals can be made to the state's superior court system.

"We all want to be very careful with the Hawkins application," Gregory said. "We want to make sure that the Hawkins changes are made properly and the decision is made properly."

Hawkins received a conditional use permit for its development from the Whitman County Board of Adjustment on Feb. 15.

Jeff Devoe, project coordinator with Hawkins, said at the conditional use permit meeting that the water rights reallocation process was time consuming. The company and its contractors reviewed more than 300 water rights in the area to find rights they believed could be transferred.

Some are skeptical if the water right transfers would represent the actual water in the ground and if the water transfers would comply with Washington's water laws.

Mark Solomon, with the Palouse Water Conservation Network, doesn't see how some of the water rights can transfer.

"From what I have seen, they are proposing transfers that are against Washington law," Solomon said.

Solomon said he's holding off filing a critique of Hawkins' plans until it presents its privately funded findings.

"It's safe to say, even without the technical document, that the Palouse Water Conservation Network will be considering filing a protest," Solomon said. "But until we review the document, I can't say definitively."

Of course Solomon will be filing a protest. It's what people do around here. Washington law allows one person or a small group of people to hold up multi-million dollar projects for years for the most frivilous of reasons. In the meantime, the "protesters" get to pontificate to the local media about what "heroes" they are and everyone breathlessly awaits "their next step" after they inevitably lose.

Nancy Chaney Not Channeling Neville Chamberlain

Some thought the city of Moscow's failure to appeal the SEPA checklist for the proposed Hawkins Companies development in the corridor earlier this year meant "peace in our time." Nope.

According to Saturday's Moscow-Pullman Daily News, Queen Nancy and King Solomon will be making a waterborne, not land, assault on Whitman County's sovereignty.

Conservation group, Moscow protest transfer of water rights

Entities claim water rights in question do not apply to Hawkins Companies' proposed development site

The city of Moscow and the Palouse Water Conservation Group have filed protests against a Boise-based development company's application to transfer water rights to its proposed development outside of Moscow and the city of Colton.

Moscow and Mark Solomon, representing the conservation group, said in their written protests that the proposed transfers violate Washington law by trying to take water from one basin and apply it to another, and that the transfers would put the Palouse Basin's water supply at risk.

In March, Hawkins Companies applied to transfer 120 acre feet, or 40 million gallons, of water to its proposed development in Whitman County, just across the border from Idaho and Moscow city limits. The proposed transfers would come from around Pullman, LaCrosse and from the South Fork of the Palouse River near Colfax.

The water would allow Hawkins to construct a 700,000-square-foot shopping center along the Pullman-Moscow Highway.

The company also applied to transfer 100 acre feet of a 700-acre-feet water right to Colton in exchange for 23 acre feet of water the city was seeking for municipal needs before reaching the deal with Hawkins.

The water-right transfers are all that is keeping Hawkins from purchasing the property and breaking ground on the shopping center.

Hawkins received a conditional use permit for its development from the Whitman County Board of Adjustment on Feb. 15.

The proposed water-right transfers are being reviewed by the Whitman County Water Conservancy Board, which has met twice to consider the company's applications.

Water conservancy board member Dave Stickle said the amount of information and complexity of the applications is daunting.

The protests will be considered by the water conservancy board and the Washington State Department of Ecology.

Solomon said he hopes the water conservancy board weighs the protests and denies or passes the case on to the Department of Ecology.

"We tried to lay out very clearly that these transfers do not meet Washington law and the transfers are not in the same body of water," he said.

Stickle said the board could ask Ecology for assistance with the applications but did not indicate whether the board has decided to request help before making its recommendations.

"It has been a consideration," he said.

The water conservancy board can either deny Hawkins' applications, ask Ecology for technical assistance, or approve the request and send its recommendation on to Ecology.

Ecology has 45 days to review an application once it has a recommendation from the water conservancy board, although it can extend that period for an additional 30 days if necessary. Any interested party can appeal the department's decision to the Water Rights Pollutions Control Hearing Board.

Solomon said the hydrogeologic charts Ecology has used to allocate water in the past are not accurate.

Since the 1970s and even the mid-1990s the knowledge of the Palouse Basin has grown considerably, Solomon said. Recent research through the Palouse Basin Aquifer Committee shows that Colton, LaCrosse and Pullman are not directly connected from a hydrogeologic standpoint.

Solomon said research defies Hawkins' belief that water rights can be transferred from LaCrosse to Colton, which are 40 miles apart and differ in elevation by more than 1,000 feet.

In its letter of protest, Moscow indicated that the water that would be drawn from Hawkins' two wells would compromise water flow for the city. It also believes Hawkins' wells could cripple the city's ability to pump water from a well it plans to drill near to the proposed development site in the next three to five years.

Commercial water use should be controlled through a municipal provider, Moscow's letter stated. It also stated that Hawkins' contractors have failed to provide evidence that surface water rights the company plans to transfer to its project site actually filter into the area's aquifer systems.

Solomon claims Hawkins has changed its request from only wanting to withdraw water from the area's shallow aquifer to pumping water from both the shallow and the deep aquifers.

"It is important to recognize that the transfer of water rights from one extreme end of the basin to another is likely to result in unforeseen consequences on water supply, particularly when there is a lack of research data to indicate the presence or absence of aquitards or other forms of hydraulic barriers within the aquifer systems," Solomon's letter stated.

Representatives for Hawkins were not available for comment. Hawkins Project Manager Jeff Devoe said at a water board meeting in March that the company plans to keep a low profile until all the necessary permits are acquired and construction begins.

The water conservancy board will meet at 7:30 p.m. April 25 at the Public Service Building in Colfax to continue its review of the applications.

The Palouse Water Conservation Nutwork site can be found here. The article did not mention that the Moscow Civic Association and the Palouse Group of the Sierra Club are also parties to the complaint.

Clever picking a method that ensures the matter goes before the Washington Deparment of Ecology. According to last Thursday's Whitman County Gazette, DOE's has already proposed standards on how much water flows through the creeks and rivers of Whitman County could limit development on the Palouse. If the legislature decides to abide by DOE's recommendations, southern Whitman County would only be allowed one well a year for the next 20 years.

Bureaucrats on one side and moonbats on the other. Luckily for Moscow and Latah County, they have had no such restrictions on growth. Last person out of Whitman County, please turn out the lights.

"Hawkins receives conditional use permit"

The Hawkins Companies corridor development rolls ahead, as reported in today's Moscow-Pullman Daily News:

Whitman County Board of Adjustment gives unanimous approval to 700,000-square-foot corridor shopping center

The Whitman County Board of Adjustment unanimously approved a conditional use permit request from a development company that wants to build a 700,000-square-foot shopping center just across the border from Idaho.

The board granted the permit to Boise-based Hawkins Companies on Thursday night after reviewing the county’s findings of facts and hearing comments from Hawkins Companies and the city of Moscow.

The permit moves Hawkins one step closer to its goal of building a large-scale retail development in the Pullman-Moscow corridor.

Hawkins first approached the county about the proposed development in 2005, after the county revised its laws governing development in the corridor. Hawkins then filed a State Environmental Policy Act application, which is designed to limit negative effects on the surrounding area. The county initially approved the project, with stipulations.

Moscow declared its intent to appeal the county’s findings, and Hawkins briefly withdrew its SEPA application.

It resubmitted its SEPA application last fall. The county again approved of the development, but added more conditions.

Requirements for construction will include 26 conditions — 23 more than the county’s original findings.

Hawkins must obtain a wastewater discharge permit, develop a stormwater-control plan and create new wetlands to replace those that would be destroyed by construction at the proposed site.

The majority of the requirements focus on traffic access and flow issues associated with a large retail center. It also requires the installation of pedestrian and cyclist avenues.

Moscow, represented by City Engineer and Public Works Director Les MacDonald, said it is pleased with the steps Hawkins has taken to provide adequately safe entrances and exits to the development. It still is concerned that the development’s proposed water usage could impact a city well Moscow plans to build in 2010 — the same year Hawkins plans to complete the project.

The board decided that conditions required by Hawkins’ SEPA application were stringent enough to meet state standards, and any water issues will be handled by the Washington State Department of Ecology and the Whitman County Water Conservancy Board.

Hawkins’ Project Manager Jeff Devoe said the conditional use permit is a huge step for the company. Now, it will focus on the water-right allocation process. Hawkins’ contracted research company has reviewed more than 300 existing water rights in an effort to find the more than 80-acre feet of water it needs to operate.

The Whitman County Water Conservancy Board will meet March 7 to begin review of Hawkins’ proposed water-right transfers.

Devoe declined to speculate on when construction would begin. He said he won’t peg a date until “yellow steel” — construction equipment — breaks ground on the property.

“It’s a long process and we’re just getting started,” Devoe said.

The company must apply for and receive building, wastewater, traffic, stormwater, and lighting permits before construction can begin.

Devoe and other Hawkins officials previously had declined comment on the project.

Throughout the SEPA process, rumors circulated about the company’s efforts to gather water rights and establish its own sewer system in order to fuel additional development.

Devoe said there is no basis for those rumors. Hawkins has promised that its water drainage will not exceed current water levels from its site, and its proposed sewer plant is only equipped to handle its needs.

Devoe also said the water rights the company believes can be transferred to the project will only cover its needs and not those necessary to develop the corridor.

Hawkins is considering purchasing 205 acres for its development, and 110 acres will be used for the proposed development. Devoe would not comment on future plans for the remaining property.

Whitman County Planner Mark Bordsen said Hawkins would have to submit a new SEPA application, procure additional water rights and a new conditional use permit before any additional development could occur.

“We want to be good neighbors,” Devoe said. “And we want to be financially and environmentally responsible. That’s always been our goal.”

QUICKREAD

WHAT HAPPENED: The Whitman County Board of Adjustment granted Hawkins Companies a conditional use permit for its proposed retail development on 110 acres next to the Idaho border.

WHAT IT MEANS: Hawkins now can pursue building permits and transfer water rights for its project.

WHAT HAPPENS NEXT: Building permits and water rights must be procured before construction can begin.

WHY YOU SHOULD CARE: The development would be the largest in the immediate area and could draw people to the Pullman-Moscow area and keep residents from traveling to Lewiston or Spokane to shop. The proposed development also has drawn skepticism from local conservationists and the city of Moscow as being a threat to the area’s groundwater supply.

Aquanuts in the News

Conservation group, Moscow protest transfer of water rights
Entities claim water rights in question do not apply to Hawkins Companies' proposed development site

By Ryan Bentley, Daily News staff writer
Saturday, April 7, 2007 - Page Updated at 12:00:00 AM
The city of Moscow and the Palouse Water Conservation Group have filed protests against a Boise-based development company's application to transfer water rights to its proposed development outside of Moscow and the city of Colton.
Moscow and Mark Solomon, representing the conservation group, said in their written protests that the proposed transfers violate Washington law by trying to take water from one basin and apply it to another, and that the transfers would put the Palouse Basin's water supply at risk.
In March, Hawkins Companies applied to transfer 120 acre feet, or 40 million gallons, of water to its proposed development in Whitman County, just across the border from Idaho and Moscow city limits. The proposed transfers would come from around Pullman, LaCrosse and from the South Fork of the Palouse River near Colfax.
The water would allow Hawkins to construct a 700,000-square-foot shopping center along the Pullman-Moscow Highway.
The company also applied to transfer 100 acre feet of a 700-acre-feet water right to Colton in exchange for 23 acre feet of water the city was seeking for municipal needs before reaching the deal with Hawkins.
The water-right transfers are all that is keeping Hawkins from purchasing the property and breaking ground on the shopping center.
Hawkins received a conditional use permit for its development from the Whitman County Board of Adjustment on Feb. 15.
The proposed water-right transfers are being reviewed by the Whitman County Water Conservancy Board, which has met twice to consider the company's applications.
Water conservancy board member Dave Stickle said the amount of information and complexity of the applications is daunting.
The protests will be considered by the water conservancy board and the Washington State Department of Ecology.
Solomon said he hopes the water conservancy board weighs the protests and denies or passes the case on to the Department of Ecology.
"We tried to lay out very clearly that these transfers do not meet Washington law and the transfers are not in the same body of water," he said.
Stickle said the board could ask Ecology for assistance with the applications but did not indicate whether the board has decided to request help before making its recommendations.
"It has been a consideration," he said.
The water conservancy board can either deny Hawkins' applications, ask Ecology for technical assistance, or approve the request and send its recommendation on to Ecology.
Ecology has 45 days to review an application once it has a recommendation from the water conservancy board, although it can extend that period for an additional 30 days if necessary. Any interested party can appeal the department's decision to the Water Rights Pollutions Control Hearing Board.
Solomon said the hydrogeologic charts Ecology has used to allocate water in the past are not accurate.
Since the 1970s and even the mid-1990s the knowledge of the Palouse Basin has grown considerably, Solomon said. Recent research through the Palouse Basin Aquifer Committee shows that Colton, LaCrosse and Pullman are not directly connected from a hydrogeologic standpoint.
Solomon said research defies Hawkins' belief that water rights can be transferred from LaCrosse to Colton, which are 40 miles apart and differ in elevation by more than 1,000 feet.
In its letter of protest, Moscow indicated that the water that would be drawn from Hawkins' two wells would compromise water flow for the city. It also believes Hawkins' wells could cripple the city's ability to pump water from a well it plans to drill near to the proposed development site in the next three to five years.
Commercial water use should be controlled through a municipal provider, Moscow's letter stated. It also stated that Hawkins' contractors have failed to provide evidence that surface water rights the company plans to transfer to its project site actually filter into the area's aquifer systems.
Solomon claims Hawkins has changed its request from only wanting to withdraw water from the area's shallow aquifer to pumping water from both the shallow and the deep aquifers.
"It is important to recognize that the transfer of water rights from one extreme end of the basin to another is likely to result in unforeseen consequences on water supply, particularly when there is a lack of research data to indicate the presence or absence of aquitards or other forms of hydraulic barriers within the aquifer systems," Solomon's letter stated.
Representatives for Hawkins were not available for comment. Hawkins Project Manager Jeff Devoe said at a water board meeting in March that the company plans to keep a low profile until all the necessary permits are acquired and construction begins.
The water conservancy board will meet at 7:30 p.m. April 25 at the Public Service Building in Colfax to continue its review of the applications.

Responses to the article

April 7, 2007, 7:49 am Mark Solomon says:
one note to the article: Hawkins intends to build 1.4 million square foot of retail space in two 700,000 square foot phases.


April 7, 2007, 8:28 am Let the building begin! says:
Following is a GREAT letter to the editor Pointing out what Moscow and the Moscow Civic Association is trying to do to Moscow. Time to stamp out the 'stench' in MoscowThere is a terrible stench emanating from the Moscow City Hall; the ugly smell of partisan politics at its worst. It is common knowledge that if you are not a card-carrying Moscow Civic Association liberal and a very good friend of the mayor, you have no business participating in any form of city government, either a member of a committee or even simply giving your public opinion.Jon Wheaton is one of the "good guys" in Moscow. He would give the shirt off his back if anyone asked. He has extremely high ethical standards and does not deviate from them even when asked to do so. His opinions are mainstream and shared by many in the community. Jon's ouster as chairman of the board of adjustment by the extremely liberal mayor of Moscow really should not surprise anyone as his ethics far exceed those of the mayor and the council members who blindly follow her.Maybe it is time to find a new road to prosperity in Moscow

April 12, 2007, 8:58 am Bemused says:
I would like to lay something out very clearly for Mr. Solomon and the City of Moscow. Please mind your own business on your side of the line. The citizens of Washington neither need nor want your opinions. If water really is the issue, I have a simple fix that you can apply which will solve a number of problems and serve your citizens well.Instead of polluting surface waters with your effluent and drawing fines, build a water re-use facility to capture that wasted resource. Not only will this preculde further regulatory problems, it will reduce the demand on ground water.Until and unless you are willing to make that level of commitment, please don't come around here waving your "green" credentials or pretending to care.

"Board OKs water-rights transfers: Recommendation now goes to Ecology for approval; Hawkins Companies hopes to break ground sometime this fall"

More on the Hawkins water rights victory from today's Moscow-Pullman Daily News. Notice the stunning arrogance of King Solomon, both in the article, and in the comment he posted on the DN website. I cannot wait until he gets his public comeuppance and is exposed for the primadonna he truly he is.

Hawkins Companies moved one step closer to breaking ground on its proposed 700,000-square-foot retail center just across the state line from Moscow when the Whitman County Water Conservancy Board recommended approval of the company's water-rights transfer requests Wednesday.

The board unanimously approved four water-rights transfer applications from the Boise-based firm, but the Washington State Department of Ecology must still give final approval to the applications.

"This is just one of the steps of several that we have to go through to get the water rights transferred," Hawkins Project Manager Jeffrey DeVoe said. "The decisions of the board are acceptable to us and certainly in line with what we need to have a Lowe's-anchored shopping center in the Palouse."

Water Conservancy Board Chairman Edward Schultz said the Department of Ecology will have up to 45 days to either accept, reject or ask for clarification on the board's recommendation. The board's recommendation becomes a firm decision if Ecology does not take action within the 45-day period.

"What we have done is more or less all the legwork for the Department of Ecology and now they have to make the final decision based on our recommendation," Schultz said.

In March, Hawkins Companies applied to transfer 120 acre feet, or 40 million gallons, of water to its proposed Whitman County development. The proposed transfers would come from around Pullman, LaCrosse and from the South Fork of the Palouse River near Colfax.

The company also applied to transfer 100 acre feet of a 700-acre-feet water right to Colton in exchange for 23 acre feet of water the city was seeking for municipal needs before reaching the deal with Hawkins. However, the board determined the original figures were inaccurate and reduced the water rights to 391 acre feet.

Still, Colton will get its 100 acre feet of water rights if Ecology approves the board's recommendations.

DeVoe said there often are errors in the records used to determine water rights and the board's recommendations are acceptable to the company.

"Part of the process that the conservancy board goes through is whittling out what is fact and what is fiction," DeVoe said. "Sometimes the records are inaccurate, so as they went through it they found some inaccuracies and corrected those."

The city of Moscow and Mark Solomon, a local activist, filed protests over the proposed transfers with the water conservancy board and the Department of Ecology in April. They argued the water-rights transfers involving Colton and the proposed site did not come from the same body of public water. However, the board cited an Ecology analysis and ruled that all of the wells associated with the application were in the basalt formations of the Columbia River Basalt Group and would be withdrawn from the same body of public ground water.

Moscow and Solomon also argued the transfers would deplete area wells and jeopardize a reliable water system.

Solomon said he was disappointed with the board's recommendation.

"We would have preferred a different decision," Solomon said. "I am not surprised, and I hope we will receive a greater degree of review at the Department of Ecology."

Schultz said the board's main goal was to ensure the protection of the public waters at issue and to ensure that the water was used in the most beneficial manner.

"I think what Hawkins is proposing is going to be to the public's benefit and ultimately to the county's benefit," Schultz said. "I think this is a big step for the county in moving forward and developing."

Schultz also said the city of Colton will benefit for many years from the ruling.

"What this does for the town of Colton is set them up for future development and expansion for a minimum of 20 years," Schultz said.

DeVoe said Hawkins Companies hopes to begin construction as early as this fall, and all that is holding up the process is approval from Ecology.

"Once they render that decision we should be off and running at that point," DeVoe said. "It is just one step tonight, and we will continue to design and plan and market and hopefully we will break ground in the fall and get a shopping center here."

July 26, 2007, 1:20 pm Mark Solomon says:

Mr. DeVoe can hope all he wants for a fall groundbreaking but there are some very significant hydrogeological issues that the Whitman Conservancy Board, all well-meaning volunteer non-technical people, deferred judgment on instead punting to the opinion of the Dept. of Ecology hydrogeologist who based his findings on, shall I kindly say, limited research. You can rest either assured (or uneasily) that comments of substance will be submitted to DOE. Any decision of DOE is appeallable to the Washington State Pollution Control Hearing Board, WA's administrative law body for such appeals, where the legal precedents ignored by the DOE hydrologist were established and are abided by. All documents related to the decision can be found on the PBAC website.

"City eagerly awaits a decision from Department of Ecology"

As this story from last Saturday's Moscow-Pullman Daily News makes clear, it's more than just April and myself that want the Hawkins Companies water rights transfer to succeed and King Solomon and Queen Nancy to give up their pointless protests. The Hawkins retail development in the Pullman-Moscow Corridor is a win-win for everyone in Whitman County.

Mayor: Water-rights transfer would be a boon to economic development

A proposed development just west of Moscow city limits could have a profound effect on a tiny town about 12 miles away.

The city of Colton stands to receive 100-acre feet of water rights if the Washington State Department of Ecology approves a water-rights transfer between the city and Boise-based Hawkins Companies. Hawkins wants to build a 700,000-square-foot retail center in the Pullman-Moscow Highway corridor, just across the state line from Idaho.

Colton wants to grow.

Colton Mayor Greg Eylar said, if approved, the water rights will help the city attract new residents and businesses.

"We are trying to keep our town growing and we had to have more water," Eylar said. "We have water, we just didn't have the water rights to pump what we need."

The Whitman County Water Conservancy Board recommended approval of the company's water-rights transfer requests in July, but the Department of Ecology still must give final approval to the transfer. Ecology has until Sept. 8 to ask for additional information or approve or deny the transfer.

Colton resident and developer Greg Schultheis has plans to help the city grow, but those plans hinge on the Department of Ecology's decision.

Schultheis and seven of his siblings own SB7, Inc., which currently owns 40 acres inside Colton. The company has been developing lots for homes since 2004, but the city's lack of water rights has made the process slow and difficult.

"The water-rights transfer is a big deal for the town," Schultheis said. "It certainly helps (my family's) business and will help the city attract businesses."

Schultheis said the city must follow the same regulations that apply to larger metropolitan areas like Seattle and Spokane, and the regulations make it difficult for smaller towns with little water rights to grow.

"It is a battle. The state has one set of rules and it applies to everyone, whether you are putting in two homes or 200," Schultheis said. "It is a lot of red tape and sitting around waiting for a call."

Schultheis said Colton applied for additional water rights from the Department of Ecology in April 1994, but the application has yet to reviewed.

"It became pretty obvious the Department of Ecology is not interested in helping small towns survive," Schultheis said.

SB7, Inc. has managed to develop and sell 16 lots over the last three years. Each lot is approximately one-third of an acre. The company started developing 12 more lots last week with the knowledge that the water-rights transfer was in its final stage.

In addition to SB7, Inc., Schultheis and one of his brothers started a construction company called Wheatland Builders, which already has constructed homes on two of the lots that have been sold. He hopes to continue to build a few homes each year and help the city earn additional revenue through property taxes and building permits.

"We are trying to get families into town to keep the schools open," Schultheis said. "That was one of our main goals when we started.

"We are seeing people interested in being here," he added. "We are not trying to build 50 homes a year - just a few at a time."

Schultheis said the transfer also will make it possible for businesses to relocate to the city.

"If a business wanted to come in that needed a large amount of water we didn't have it," Schultheis said.

Schultheis said Colton's location has much to offer and the city would welcome new businesses.

"It is a great location for businesses and we need businesses," Schultheis said. "Any new business is good - it doesn't matter what it is."

"Whitman County steps in to move Hawkins project forward; Shopping center has been embroiled in water rights disputes with Moscow"

From today's Lewiston Tribune:

A proposed shopping center in the Moscow-Pullman corridor is expected to generate enough tax dollars on its own to pay for $9.1 million worth of infrastructure financed through Whitman County, officials said Monday.

"It won't cost the (other) taxpayers anything," Sharron Cunningham, the county's director of administrative services, said after commissioners Michael Largent, Greg Partch and Jerry Finch signed a preliminary development agreement with Jeff De Voe of Hawkins Companies.

The development hinges, among other things, on whether a water source can be secured.

Hawkins, a Boise-based company, wants to build a 714,000-square-foot shopping center, with a Lowe's home improvement center as the initial anchor, on 204 acres abutting the Idaho border and Moscow city limits. Because of delays revolving around water rights disputes with Moscow and resulting rising construction costs, Hawkins asked the county last month to foot the bill for water and sewer service, roads, curbs and gutters.

The commissioners agreed to the request during their Monday morning meeting.

In addition to detailing financing of the infrastructure, the preliminary agreement hints of possible cooperation with Moscow officials. Construction might be modified, the agreement reads, "if an alternative water and/or sewer system is found and both parties agree to this change."

There had been early talk of Moscow providing water and sewer hookups to the shopping center. But that potential appeared to evaporate when the city failed to act and Moscow Mayor Nancy Chaney later signed an appeal of Hawkins' attempts to secure water rights to drill its own wells.

Members of the Moscow City Council were expected Monday night to take action on the appeals after formal mediation with Hawkins representatives last week. However, any decision by the Moscow City Council on the issue occurred after press time. All negotiations have been behind closed doors.

The agreement calls for the company to build all improvements and then be reimbursed by the county. The county, in turn, will issue bonds. The bonds, Cunningham explained, are purchased by a private entity or entities intending to make a profit off interest. "They're purchasing the debt," she said.

Cunningham said Hawkins, upon start of the project, will immediately begin paying construction taxes to the county, plus property taxes and eventually sales taxes in amounts expected to pay the $9.1 million bond plus interest.

De Voe said Hawkins wants to begin construction this year.

Finch, one of the most vocal advocates of the Hawkins development, said the shopping center could be the beginning of more retail construction throughout the eight-mile corridor between the two university towns. Cunningham confirmed that success of such development could translate into much-needed county revenue stability and even a possible surplus.

"We can project all we want," she said, "but we have to cover the debt first."

According to county estimates, tax revenues over the 20 years of the bonds will exceed $9 million above costs in principal and interest. If the Hawkins development fails, according to county documents, other money sources are available, including money from the state and real estate excise taxes.

The infrastructure agreement will be null and void, according to the preliminary agreement, if Hawkins fails to secure water rights, or "firm commitments from Lowe's (or reasonably suitable replacement) to either lease or purchase a portion of the development."

All the infrastructure improvements and water rights for the development will be transferred from Hawkins to the county at no charge, according to the preliminary agreement. The county is exploring the creation of a water district to supply the development, according to the agreement. In addition, Hawkins has agreed to build a rural fire station on the site, according to the agreement, and donate the land and building to Whitman County Rural Fire District 12.

All of this, Finch said, wouldn't have happened if Moscow officials had simply agreed to supply water and sewer service to Hawkins. Moscow's water rights appeals further impeded progress, said Finch, to the point where he feared Hawkins Companies might abandon the project if Whitman County hadn't stepped in with help.

"Legal arguments linger over Hawkins water sale; Lamar questions whether IDWR will approve extension"

I'm glad someone on the Moscow City Council realizes the hypocrisy that was involved with Moscow obtaining a water right to drill a new well while opposing the Hawkins Companies attempting to do the same thing.

From yesterday's Moscow-Pullman Daily News:

Moscow City Councilman Tom Lamar suspects the Idaho Department of Water Resources may deny the city's application to extend its water service area into Whitman County.

Lamar was the lone council member to vote against accepting Public Works Director Les MacDonald's report about the application at Monday's City Council meeting. The city seeks to provide water for the Hawkins Companies' proposed retail development on the Pullman-Moscow Highway, just across the state line.

"I guess I still haven't acquired any additional comfort in doing that, so I just wanted to state my continued concern for this process," Lamar said.

The city agreed to make "prompt application" to IDWR in a settlement with Hawkins, reached during closed-door mediation in February. MacDonald will send a copy of the application to Hawkins for review before it is sent to IDWR.

City Supervisor Gary Riedner said the city will notify the public when the application is sent to IDWR.

The application requests a modification of the city's service area, which usually is the same as the city's corporate limits. The application states the water will be supplied to Whitman County for use by "a commercial development located immediately adjacent to but outside of the city's corporate limits."

MacDonald said the application would not modify Moscow's water rights in any way other than extending services. It does not ask for additional water rights, surrender any rights or make other changes to current services.

Lamar said after the meeting he has doubts there is room in Idaho law for selling water across state lines. He does not know of any example where it was allowed.

He also is concerned that the request could be seen as water mining, which is illegal in Idaho.

"We're taking water out faster than it's being recharged, and now we're going to sell it as a commodity," he said.

City Attorney Randy Fife said he sees no legal problem with Moscow's request "because the Idaho state code provides a mechanism to deliver water outside of the state, and because IDWR agrees that that is an appropriate mechanism."

Fife said IDWR officials want the city to enter a joint powers agreement with a Washington political entity, likely Whitman County, to extend the water service area.

He said he would prefer the city and county reach an agreement before the application is sent to IDWR.

Mayor Nancy Chaney, who does not support selling water to Hawkins, said there should be more communication between the parties involved in the settlement agreement "to ascertain whether being fast or being thorough is preferable" before the application is submitted.

Councilman Walter Steed reminded the council that Hawkins still would have access to 45 acre-feet of water rights should the application be denied.

"Once this is approved and we are able to physically supply water then they are to abandon those water rights and they will be given back to the state of Washington and not be used," he said.

In other business:

MacDonald reported on the city's preparations for Well No. 10, which is scheduled to be drilled on the west end of A Street in 2009.

The city will apply to IDWR to utilize Well No. 9's existing water right for the new well. The amount of water the city can pump will not be increased, but it will be able to pump from either Well No. 9 or Well No. 10. Riedner said the purpose of Well No. 10 is to provide backup in case Well No. 9 temporarily shuts down.

MacDonald said at an earlier meeting he would prefer to apply for a new water right. Councilman John Weber agreed, and voted against accepting the report on the application.

Weber said after the meeting it seems like a waste of time and money to drill a new well but not obtain a new water right.

Steed and Councilman Wayne Krauss said Moscow should not apply for a new right just after asking Hawkins Companies to relinquish its water rights in exchange for the water sale.

"Wrangling over water rights will move to Spokane; Mediation set in dispute over Moscow-Pullman corridor work"

Another great article from David Johnson in last Thursday's Lewiston Tribune. Johnson uncovers the Imperial Mayoralty of Queen Nancy:

MOSCOW - The politics of water will move from the Palouse to Spokane Tuesday as officials meet in a closed-door mediation session to discuss the proposed Hawkins Companies shopping center.

Hawkins, a Boise-based development company, secured water rights transfers for its 700,000-square-foot mall in the Moscow-Pullman corridor. But Moscow Mayor Nancy Chaney appealed the transfers, igniting criticism the city is unjustifiably wielding legal clout across state lines.

Chaney said the appeals, which were filed with city council consent, stem from a genuine concern for the region's groundwater resources. Critics contend the mayor is more interested in stopping retail development in the corridor and elsewhere.

That view was voiced Tuesday night by developer Art Schultheis of Colton, who told Chaney and city council members that Moscow's appeals have effectively stopped housing construction in his Whitman County town. The city of Colton and Hawkins were about to exchange water rights when the appeals stopped the process.

"I'm here tonight to ask your city council of Moscow to rescind your appeal of the water rights transfer," Schultheis said.

Others, including Hawkins representatives and the Whitman County commissioners, have blasted the Moscow appeals as little more than a legal lever geared toward halting development.

Moscow City Attorney Randy Fife said Wednesday the mediation session may help iron out differences. He also confirmed the new city council could, by majority vote, simply rescind the appeals.

"As far as I'm concerned, the city of Moscow should have no standing in the state of Washington," Schultheis said.

But when it comes to water rights and resources, Fife said, laws in Washington and Idaho recognize that groundwater flows beneath borders.

"One of the problems is that it was initiated in executive session and nobody will talk about it," Schultheis said of the Moscow appeals. Fife said Chaney, under the city's strong-mayor type of government, has authority to file such appeals after seeking general agreement from council members during an executive session.

The new council, with five professed pro-development members, appears willing to continue closed door talks at least through next week's mediation session.

Overall regional water supply issues aside, Fife said Moscow is concerned specifically that the Hawkins development could have an adverse effect on a city well located near the development site.

If water supply is the real fear, critics have said, Moscow should have a moratorium on new housing developments and challenge other construction projects, such as the new Washington State University golf course, which will use much more water than the proposed Hawkins shopping mall.

Water experts have said Moscow and Pullman share underground aquifers and water levels have been dropping by about 1.5 feet annually.

Moscow hired water rights attorney Peter Scott, of Helena, Mont., as lead counsel in the appeal process. Fife estimated Scott's services are costing the city about $200 an hour. In addition to Moscow officials, representatives from Whitman County, the city of Colton, Hawkins Companies, and others are expected to attend the mediation session, Fife said, adding mediation provides a vehicle for much needed dialogue.

"Everybody has been talking about talking," Fife said. "Now Hawkins gets to sit down and tell the city what it needs and wants.".

Hawkins spokesman Jeff De Voe has said his company needs water and wants Moscow to share its municipal supply or stop interfering with attempts to secure water rights for their own wells. De Voe declined additional comment because of the pending mediation.

Mediator Cassandra Noble, of the Washington Pollution Control Hearings Board, is scheduled to oversee the Tuesday session. Fife said mediation might last longer than one day and an accord won't necessarily be struck.

In addition to Chaney and himself, Fife said Councilor Wayne Krauss and Public Works Director Les McDonald are expected to attend the mediation session.

"Largent: County may want to tweak water-sale agreement"

One of Ronald Reagan's signature phrases was the old Russian proverb "doveriai, no proveriai", meaning "trust, but verify."

Hawkins and Whitman County are taking the correct approach with regards to Moscow's involvement in the Stateline Retail Center.

At least for the next two years, we can count on Moscow's full support of the project. But all it takes is one election to turn back the clock to the Cold War we had just a few months ago. So it is wise that Hawkins and Whitman County pursue a separate sewer system and look at ways at keeping the water rights Hawkins originally requested in case a future Moscow City Council decides to turn off the spigot.

From yesterday's Moscow-Pullman Daily News:

Whitman County Commissioner Michael Largent said some changes might be in store for a negotiated water sale between the city of Moscow and Hawkins Companies.

The county became involved in the process following a request by the Idaho Department of Water Resources, which asked Moscow to reach an intergovernmental agreement with Whitman County for the water sale rather than deal directly with a private entity across state lines.

Moscow City Supervisor Gary Riedner updated the City Council's Administrative Committee on Monday about the city's water-sale application to the IDWR. The city has finalized a letter signed by Mayor Nancy Chaney and Largent informing IDWR that the city and county are negotiating an intergovernmental agreement for the water sale.

The water will serve Hawkins Companies' 714,000-square-foot shopping center, which will be located in the Pullman-Moscow corridor, just west of the Idaho border. The Boise-based company finalized its purchase of the land April 9. The city agreed in February to provide water services to the development in exchange for Hawkins retiring two water rights it had secured.

Largent said he thinks the city is doing the best it can to move the application forward. However, because Whitman County was not involved in the negotiation process, it may bring some new issues to the table.

"We'll have to look and talk about some issues that may not have been of import to (Moscow and Hawkins) but are important to Whitman County," he said.

The main issue that concerns Largent is the water rights Hawkins agreed to relinquish in the settlement agreement.

"My question, personally ... is I'm wondering whether those water rights wouldn't be better held in trust by another entity and not used," Largent said. "It's difficult to construct an agreement in perpetuity that is iron-clad."

Largent said the rights could be kept "in active reserve." They would not be used unless something happened that caused Moscow to stop providing water across the border.

Largent said the city and county haven't entered into negotiations about the intergovernmental agreement, but he thinks the process will go smoothly.

"Working with the city of Moscow recently has been a joy. I think they're well-meaning. I think they're bargaining in good faith," he said. "I anticipate it will be a fair and good-working relationship."

The city also gave Hawkins the option of purchasing sewer services. Hawkins spokesman Jeff DeVoe wrote a letter to the city May 5 declining sewer services. The letter did not specify why the company declined the services, and DeVoe could not immediately be reached for comment.

Riedner said he faxed the Moscow/Whitman County letter and IDWR application to Hawkins Companies for review today. The City Council will review any changes Hawkins requests at its Monday meeting, if Hawkins responds in time.

"I would imagine it's up to them how long it takes them to review it, but I would assume we're going to get it back fairly quickly," Riedner said.

The city will then send the application and letter to IDWR. Riedner said the city is committed to getting the application in as quickly as possible.

Whitman County also has been looking for ways to pay for the infrastructure that will connect Hawkins to the Moscow water system.

"Whitman County commissioner says it's time for action on Hawkins plan; Private-public infrastructure partnership under consideration"

From today's Lewiston Tribune:

COLFAX - The proposed Hawkins Companies shopping center development adjacent to Moscow is not inevitable and the time has come for some tough decisions to be made, officials said here Monday.

"If we aren't willing to step up and be involved, maybe we don't deserve to have it," Whitman County Commissioner Jerry Finch said of the proposed 700,000-square-foot development.

Hawkins, a Boise-based company, last week asked the county to issue bonds to the tune of $10.4 million and enter into a private-public partnership for infrastructure construction, including water and sewer services for the development.

"I think in a perfect world, they should do this (pay for the infrastructure) 100 percent on their dime," Finch said during a public comment meeting on the proposal.

But Hawkins, said Finch, has been stymied by lost time and ballooning costs, much of it linked to Moscow officials who refused to provide water and sewer services, while mounting a legal challenge of Hawkins' attempts to secure its own water rights.

"I've been working with Hawkins people, along with my public works department, now for about three years," Finch said, "and we've finally got to the point where we either have to step up and move on, or we have to say, basically, we don't have an interest in you. Take your development ideas elsewhere."

About a dozen people attended the meeting. Several spoke out in favor of the development. No one spoke against it, but a few people questioned the need for taxpayers to help fund a private business venture.

"The board of commissioners can do this bond on their own authority, I'm told," Commission Chairman Michael Largent said. "However, since it's such a large issue we wanted to give people an opportunity to comment about how they felt about this project."

No Moscow officials attended. But Tom Forbes, spokesman for a group called Businesses and Residents for Economic Opportunity, called for introspection on the part of Moscow mayor and councilors. "It is our hope that we can once again work cooperatively with the city of Moscow to everyone's benefit," Forbes said, "versus the contentious relationship we've had for the last couple of years."

Moscow's water and sewer lines abut the Hawkins acreage. And a majority of members on the new Moscow City Council said last week they'd be open to renewed talks with Hawkins and Whitman County.

Finch has said the Hawkins shopping center would mark the beginning of stepped-up retail development within the Moscow-Pullman corridor.

Gary Kopf, whose family owns several hundred acres within the corridor and has already developed some property, said he favors infrastructure, perhaps coming from both Moscow and Pullman. Several people agreed that would make more sense than forcing each new business to build its own water and sewer system.

Moscow Mayor Nancy Chaney, who appealed Hawkins' water rights, reiterated last week her intentions are to ensure the entire region's water supply, not stop retail development.

Barring Moscow dropping its appeals and becoming part of the shopping center development, Hawkins will apparently need the county's help, Largent said. "We're not going to make public investments until those water rights are secured."

The appeals aren't scheduled to be heard until later this spring. Moscow has requested mediation. Whitman County has requested an expedited appeal process. Jeff De Voe, spokesman for Hawkins, said last week that the company hopes to begin construction this year.

"They've invested quite a bit of money," Largent said of Hawkins. "I believe the issue they have with water rights transfer ... has increased the development costs to such a point that they're asking for a public-private partnership to keep this project a reality."

While specifics of the partnership are still unclear, once the bonds are paid off the county would own the infrastructure, including the water rights, the three commissioners agreed. The company would have to pay the county monthly utility fees for the services.

"They've made it very clear that they're either going to have us as a partner, or I think they're going to walk," Finch said.

Commissioner Greg Partch said public-private agreements, such as the Hawkins infrastructure proposal, are common throughout Washington when trying to attract larger businesses. But several at the meeting agreed Moscow officials caused most of the problems.

"This has been ongoing since the fall of 2005. And it's now over two years later that Hawkins has got to this point," Forbes said, "and I think it's fair to say ... that we would probably be a lot further along in a regulatory permitting process if not for the series of appeals filed by Moscow."

A second public comment meeting will be conducted here today at 2:30 p.m. in county commission chambers. Hawkins Companies representatives are expected to attend.

"Commissioners hear from locals on $10M Hawkins project bond"

That's karma for you, Michael. I caught you yawning in my picture, but Joe Smillie caught me with my eyes closed in the picture on the front page of the Gazette. That must have been a really boring meeting!

From today's Whitman County Gazette:

The clock is ticking on Whitman County’s hopes of attracting a large retail center, commissioners said Monday afternoon.

“Time is of the essence,” Commissioner Michael Largent said to nearly a dozen concerned citizens at Whitman County Courthouse.

Boise-based Hawkins Companies last week asked the county to consider floating a bond of more than $10 million to fund roads, lighting and water and sewer services to the company’s proposed 700,000 sq. ft. shopping center in the Pullman-Moscow corridor at the Idaho state line.

“If we aren’t willing to step up and be involved, we don’t deserve to have it,” said Commissioner Jerry Finch. “But if we have to prostitute Whitman County for this, I’m not afraid to back out of it.”

The clock is ticking on the idea, Finch later explained, because the company hopes to begin moving dirt on the project as soon as June.

Finch added the cost of construction has “ballooned” so much over the past few years, it could potentially cut into Hawkins’ future profits. Delays could mean a further escalation in construction costs, forcing the company to cut its losses and abandon the project.

Also driving up the costs are lengthy appeals in the company’s attempt to attain water for the shopping center.

“I’m not sure what the outcome of this project would be without public participation,” added Largent.

Commissioners slotted 30 minutes in their regular Monday meeting to receive input from the public whose tax dollars would be bonded in such a proposal.

“We don’t have all the answers,” said Largent. “That’s what this is for.”

While none of the citizens in attendance at the meeting spoke out specifically in opposition to the proposal, several did question the wisdom of committing public funds to the private development.

“It almost sounds like they got in over their head in a down market and they are asking the citizens of Whitman County to bail them out,” said Colfax resident Bob Schultz.

“I guess in a perfect world, they should do this 100 percent on their dime,” replied Finch. “We can play chicken with them and lose or we can work to help them out.”

Colfax resident Don Nelson asked why Hawkins is the only private development to receive financial support from the county.

“This is not unusual,” said Commissioner Greg Partch. “This is done throughout the state in drawing large business in.”

Shultz asked about the possibility of reducing Hawkins taxes instead of laying out the bonds. Both Finch and Treasurer Robert Lothspeich said that was out of their hands, as only the legislature can allow tax exemptions.

Tom Forbes, a member of the citizen group Businesses and Residents for Economic Opportunity said on a flight for his employer, Schweitzer Engineering Laboratories, he noted a visible state line from the air above the Palouse. That line, he said, was defined by the lights of retail developments in Moscow up to the state line.

Forbes, who also writes a weblog on political and business issues on the Palouse, called the development a “logical and natural extension of shopping development of the Pullman-Moscow Highway in Moscow.”

Pullman Honda Owner April Coggins expressed confidence on behalf of BREO that commissioners would not invest the money of Whitman County’s citizens in a shaky venture.

She added that, apart from the lofty price tag, building the infrastructure would be similar to typical county business.

“This infrastructure is no different then a gravel road for a farmer to get to his field,” said Coggins.

Director of Administrative Services for the county, Sharron Cunningham, emphasized the county would own the infrastructure and charge Hawkins for its use.

The roads would be cared for like any others in the county’s charge. The water lines, commissioners explained, would carry water that would eventually be owned by a yet-to-be created water and sewer district.

The deal hinges on a pending decision from the state Pollution Control Hearings Board (PCHB) on four transfers of water rights to provide Hawkins the water.

“We’re not going to make an investment until those rights are secured,” said Largent.

Those water rights were approved by the county Water Conservancy Board last July. After reviewing the conservancy board’s work, the state Department of Ecology (DOE) affirmed the board’s decisions on three transfers and denied a fourth.

That transfer, from the Jones family of Pullman, amounts to nearly 60 percent of the water Hawkins is seeking for the site.

Hawkins appealed the DOE’s decision to overrule the Jones right, while the city of Moscow appealed the affirmations of the other three. Included is a swap of 100 acre-feet right from Hawkins to the town of Colton for a right of 22-acre feet.

The PCHB is scheduled to hear those appeals June 2-6.

Finch said if the PCHB water rights are approved, Hawkins would then transfer those rights, without cost, to the county. Conservancy Board Chair Ed Schultz said to his knowledge, such a transfer would have to go before the county Water Conservancy Board.

Ed Schultz asked if commissioners had requested Gov. Chris Gregoire to put the appeals on the top of the priority list.

Partch said they have asked that of the governor’s office, though not in writing.

County Prosecutor Denis Tracy said that actually a new water and sewer district would have to be formed to receive those rights and charge service fees.

Pasco resident Gary Kopf, who also owns land in the corridor near the Hawkins site wondered about using county funds to help Pullman expand its water and sewer service to the corridor.

Public Works Director Mark Storey said once the county has the rights, it could seek out additional water rights to further service developments on the east end of the corridor. Having a starting point there, and a starting point in Pullman would lower the cost of laying pipe all along the corridor.

Storey added it would likely be easier for the county to get the rights approved, as it simply has more time to shepherd an application through the process than Hawkins.

Commissioners have scheduled another public comment period next Tuesday, Jan. 22, at 2:30 p.m. in the courthouse.

"Water ruling leaves developer, officials in the dark"

I have some comments on this article from today's Lewiston Trubune.

Nancy Chaney's version of "cooperation" on development is imposing her San Francisco born-and-bred snobbish, neourbanist vision on Whitman County. Do you suppose that it has ever occured to the Queen that we aren't about to drink her brand of Kool-Aid about "sustainable development" and since we didn't elect her, we don't have to?

And I don't know what's funnier to me: an arrogant "welder/artist" pontificating about "good science" or a hippie nurse with a Master's degree in "Environmental Studies."

If the Hawkins development falls through, Moscow and Mark Solomon will be directly responsible. Sure, this Ecology issue would have come up, but it would have been two years and several hundred thousand dollars ago. Hawkins' risk tolerance is much lower now after the repeated appeals and protests from across the border. And if Hawkins does pull out, the corridor will NEVER attract another developer until municipal water and sewer is extended from Pullman, which could be decades, or never. But of course, that's what the Moscow Communist Association wants. Make no mistake, the regional political fallout will be long-lasting and severe.

But don't give up hope quite yet. Hawkins will issue a statement by tomorrow. And I can assure you that your County Commmissioners are doing everything they can to make the best of this bad situation.

State Department of Ecology OKs three of four water rights transfers for proposed shopping mall just west of Moscow

Confusion set in Tuesday as a Boise developer and local officials struggled to understand what a water rights ruling means for the planned Hawkins development just west of Moscow.

"It's too early to say," said Moscow Mayor Nancy Chaney of the Washington Department of Ecology's ruling that approved three water rights transfers but denied a fourth. "I haven't reviewed (the decision) yet."

Chaney has opposed the 700,000-square-foot shopping mall because it sits just across the state line in Whitman County, but will tap an aquifer under Moscow that knows no political boundaries. On Tuesday she reiterated her belief that regional governments should cooperate on such developments, regardless of those boundaries.

The chief operating officer at Hawkins Companies, Jeff Hess, officially offered a "no comment" to the Lewiston Tribune because his company is also trying to digest the mixed ruling. He said Hawkins' attorneys only got the ruling Monday afternoon, and the company was working on an official statement that could be released today or Thursday.

But one thing was clear to Whitman County Commissioner Jerry Finch: "My personal fear is that this project is getting pretty spendy," he said, "and with construction costs going up, they're (Hawkins) going to pull the pin on the whole project."

Finch said when the project was just getting started more than two years ago, Hawkins representatives were excited they had acquired some "cheap dirt" on which to build.

"This 'cheap dirt' project is becoming awful expensive," he said.

Finch explained the one water right not granted, the Jones surface water diversion from the South Fork of the Palouse River, got hung up because the Ecology Department was not sold on Hawkins' plan to replace water into Paradise Creek.

And even though that was one of the smaller water rights, Finch still expressed fear it may be a deal-buster simply because it constitutes another delay in the project.

Hawkins did, however, succeed in arguably the most tricky part of the transfers. The Ecology Department approved the transfer of water from the Maley well three miles north of LaCrosse to the town of Colton, which freed Hawkins to buy water rights from the McKeirnan well in Pullman.

Colton had previously sought the McKeirnan water for its expansion plans. But Hawkins convinced city officials to hold off while it shopped around for another water right the town could obtain.

Last spring, Moscow city officials filed complaints with the Whitman County Water Conservancy Board after it gave initial approval to all four requested transfers. The Ecology Department upheld three, including those from the S&D Mader well and the McKeirnan well, both north of Pullman.

Chaney filed the complaints because she thought the conservancy board didn't adequately consider the potential impact of the development on Moscow's water. She also worried about the traffic and safety impacts the mall could bring.

And even though she is still trying to understand the details of the ruling, Chaney said she wasn't happy that three of the four transfers were upheld. "I was disappointed from the perspective of someone who thinks that good science should win out."

Chaney has been criticized in some sectors as opposing all development, a charge she has denied.

The 110-acre Hawkins site is located on the Moscow-Pullman Highway, and butts up against the Moscow city limits. Whitman County has placed 26 conditions on the development, including some that mitigate car, pedestrian and cyclist traffic. The mall is to be centered around a Lowe's home improvement store, and could include other big-box stores and a mix of smaller retailers.

The Department of Ecology's rulings can be appealed to the state Pollution Control Hearings Board in Olympia within 30 days. Calls to the Department of Ecology were not immediately returned.

BREAKING NEWS: Hawkins expected to ask Whitman County commissioners to extend infrastructure

From the Moscow-Pullman Daily News website:

Hawkins Companies officials on Monday are expected to ask Whitman County commissioners to extend public infrastructure to the site of its proposed 700,000-square-foot shopping development on the Pullman-Moscow Highway, just west of the Idaho state line.

Commissioners will meet with Hawkins officials at 2:30 p.m. in the commissioners’ chambers in the Whitman County Courthouse. The meeting is open to the public.

Commissioner Michael Largent said Hawkins representatives likely will ask for infrastructure investments in roads, sewer and water to make its development possible.

“A lot is at stake with this development and what happens there could potentially have a large, long-term impact on the Pullman-Moscow corridor and economic growth in our community well into the future,” Largent stated in an e-mail to the Daily News.

This is a move I absolutely expected. Hawkins is two years into this deal already. According to yesterday's Whitman County Gazette, this is how the water rights appeal process breaks down:

The Pollution Control Hearings Board (PCHB) has set June 2-6 hearing dates for appeals regarding water rights issued and denied at the Hawkins Development at the Idaho stateline on the Pullman-Moscow corridor. An additional day of June 26 has also been reserved if needed.

The Department of Ecology decided to grant three water rights transfers and deny one to Hawkins Companies LLC of Boise. Hawkins has issued an appeal to PCHB for the denial, and the City of Moscow has appealed the decisions to grant the three transfers. Also in the appeal is the transfer of water rights to the town of Colton.

PCHB decided to consolidate the four appeals into one hearing. Maia Bellon, assistant Attorney General representing the DOE in the matter, explained that by consolidating the cases, the board will be able to hear all the witnesses at the same time. As some of the same witnesses will be called by different entities in the matter, this will eliminate multiple testimonies by the witness.

Recent PCHB decisions have taken from two to 15 months to be issued.

“It depends on the nature of the hearing,” she said. With the complexities of the Hawkins appeals, it will most likely take longer. If the hearing truly does take the whole week, the decision could take five to 10 months.

“My gut would be at best six months,” Bellon said.

So that's at least another YEAR just to get a decision from the PCHB, and that assumes Hawkins' appeal is successful, Moscow's appeals fail and that no court action is pursued. Even if Hawkins wins the appeal, Ecology will still have to go through the process of granting the water rights transfers again.

There is no way Hawkins is going to wait that long. We're lucky they haven't pulled the plug yet due to Moscow's meddling. It's now the moment of truth for Whitman County. Either the county steps up and provides water and sewer to the Hawkins development or Hawkins walks and Whitman County never gets another developer interested in the corridor again. Period.

Will it be expensive? Definitely. Will the payoff be worth it? Beyond question. I estimate the Hawkins development will bring in $3.3 million a year in sales taxes alone for the county. Is it fair? No, but Hawkins has bent over backwards and they are only be forced to do this because moonbat idiots Nancy Chaney and Mark Solomon have been allowed to sabotage this project.

This is also a moment of truth for the city of Pullman, which has recently expressed an interest in sales tax sharing with the county in return for providing utility services in the corridor. Now is the time for the Pullman City Council to make that move.

And something has to be done to reform our local land use processes that allows these small groups of left-wing malcontents to kill beneficial projects through baseless legal delays.

"Hawkins puts price on growth; Company says infrastructure for proposed corridor development will cost $10.5 million"

From today's Moscow-Pullman Daily News:

Hawkins Companies on Monday asked Whitman County commissioners to sell bonds totalling $10.5 million to pay for public infrastructure for the company's proposed 700,000-square-foot shopping development on the Pullman-Moscow Highway.

Jeff DeVoe, spokesman for the Boise-based development company, also proposed the county and Hawkins enter into a public-private partnership in constructing public infrastructure for the site, just west of the Idaho state line. The partnership essentially would amount to Hawkins being responsible for the construction of public infrastructure and Whitman County agreeing to purchase it back at a predetermined price.

The public infrastructure would include a new water system, roads, sidewalks, and a sewer system. There also is preliminary talk of Hawkins constructing a fire station for the county at Hawkins' own cost.

DeVoe said the county would begin seeing sales and property tax revenues from the development of nearly $400,000 by the fourth year of a 30-year bond, according to conservative figures from the company's in-house estimator. Revenues would increase to more than $900,000 by year six, when the shopping center would be complete and full with tenants, and that revenue would remain steady until the bond was repaid. Tax income would be around $1.8 million per year once the bond was repaid. Any inflation would lead to revenue figures increasing.

Finch said the development would help Whitman County regain a portion of the roughly $80 million of retail sales it loses annually to neighboring markets. It also will provide living-wage jobs for area residents.

"It's going to be a big undertaking and it's going to change the landscape of Whitman County and Latah County," Finch said. "I strongly feel this will kick-start the whole economy of Whitman County. Once the ground is broken I really believe you are going to see a wave of people that want to get into the corridor.

"The corridor is going to be the growth engine for the county. Obviously I am excited about it."

Finch said the commissioners are going to consider all options before approving a bond.

"Much of the information (presented) I have seen, but we felt it is time to share it with the community," Finch said. "I want everyone to be sure Whitman County is going to do its due diligence."

Commissioners will hold at least two public meetings to discuss the idea of selling bonds, with the first coming Jan. 14. A decision is hoped to be reached Jan. 28, Finch said.

Commissioner Greg Partch said the commissioners want to hear from the public before making a decision.

"We are going to take the next few weeks to hear comments," Partch said. "We really want to make this as open as possible."

DeVoe said Hawkins hopes to begin construction as early as the beginning of summer.

"The county needs to get comfortable that they want to do this and if they do we need to get moving forward with this," DeVoe said. "It's our intention to get this shopping center built as soon as possible."

Finch said the project still hinges on Hawkins signing a lease with Lowe's as an anchor tenant for the shopping center and obtaining the water rights it is seeking, which are being held up in an appeals process.

In March, Hawkins applied for the rights to transfer 120 acre feet, or 40 million gallons, of water to its proposed development in addition to exchanging 100 acre feet of a 391-acre-feet water right to Colton for 23 acre feet of water.

The Whitman County Water Conservancy Board approved the transfers in July, but the Washington State Department of Ecology reversed its decision to approve the transfer that involved a surface-water diversion from the South Fork of the Palouse River. Ecology approved the other transfers.

Hawkins and the city of Moscow filed separate appeals with Washington's Pollution Control Hearings Board in November following the Department of Ecology's decision. Hawkins appealed the denial of the surface-water diversion from the South Fork of the Palouse River, while Moscow appealed the three approved transfers.

In its appeal, Moscow cited that each water right is located in two different bodies of public groundwater and the transfers would impair existing water rights, not be in the public's interest and would improperly modify the manner of the rights' intended use. The appeal also cited Ecology's failure to conduct an analysis of the average amount of water use from the rights over the past five years.

Hearings for the appeals are set to begin in March.

Moscow Public Works Director Les McDonald said Moscow is not opposed to growth, but it is concerned about conserving limited water resources.

"The city's interest really still is the water interest," McDonald said during the meeting. "Whitman County, Latah County and all the players share the same water resources.

"I don't think anyone in the city of Moscow begrudges Whitman County for trying to grow."

McDonald also said Moscow was open to seeking mediation in resolving the water-rights issues.

"The intent of that is to try to sit down and work through some of the issues," McDonald said.

DeVoe said he was unable to comment specifically on water rights because of the pending litigation.

"Moscow may agree to hook up services for shopping center; Council shift changes outlook for proposed Hawkins development"

This is why last November's Moscow City Council election was so important; not just to Moscow but to Pullman as well. But we need to keep up the pressure to make this happen.

And this certainly proves Moscow's water rights appeals have NOTHING to do with business, as the pro-business councilmen in Moscow realize the Hawkins development would be a good thing for Moscow as well as Whitman County.

From today's Lewiston Tribune:

MOSCOW - Politics here may have shifted enough after the November election to trigger talks about the city providing water and sewer services across the state line for the proposed Hawkins Co. shopping center.

A majority of Moscow city councilors, Whitman County commissioners and a spokesman for Hawkins told the Lewiston Tribune there's renewed potential for cooperation.

This despite Moscow's continued legal challenge of Hawkins' attempts to secure water rights to drill its own wells for the 700,000-square-foot shopping mall.

The situation comes as the first of two public comment meetings has been scheduled in Colfax on Monday. The county commissioners will take comments, beginning at 1:30 p.m., regarding Hawkins' recent request for Whitman County to float revenue bonds of more than $10 million to help fund infrastructure (including water and sewer) for the development.

A Whitman County pro-business citizens group, meanwhile, Friday endorsed the proposed bond issue and called on Moscow officials to drop their water rights appeal against Hawkins.

"It's clear Moscow's appeals are not about water but about keeping out particular kinds of businesses," April Coggins, spokeswoman for Businesses and Residents for Economic Opportunity wrote in a news release. "That attitude was rejected by Moscow voters in November and it is our hope that the new Moscow city council will see things differently and seek to cooperate with their neighbors."

Moscow's waterlines extend right up to the Hawkins property, and the sewage treatment plant is located nearby.

"Hawkins is always open to talking to the city of Moscow," said Jeff De Voe, project manager for the proposed shopping center. He declined further comment because of the pending legal appeal.

It remains unclear how much money Moscow might make (through fees) or Hawkins might save if the two entities can reach an agreement about water and sewer services. But City Attorney Randy Fife and Public Works Director Les McDonald confirmed that a hookup of services is both legal and technically possible.

Whitman County Commissioners Jerry Finch and Greg Partch, who continue to champion the Hawkins project as the beginning of retail development between here and Pullman, said it's time for Moscow to either join ranks or get out of the way.

"Moscow didn't say no, they said hell no," Finch said about the city's refusal to cooperate with development of the mall. "Before the election, it's pretty obvious the door had been slammed."

Three new Moscow councilors were elected in November and appear to have become part of a five-member, pro-business majority. The three, Walter Steed, Dan Carscallen and Wayne Krauss, along with council President Bill Lambert, all said they are willing to talk with Hawkins and Whitman County officials about water and sewer services. Councilor John Weber couldn't be reached for comment, but indicated in the past he favors cooperation.

Only Councilor Tom Lamar, who has gone on record opposing retail development in the corridor, balked at renewed talks. "I think the best way for Hawkins to tap into our sewer and water is to locate in Moscow," Lamar said.

Moscow Mayor Nancy Chaney, who's been accused of spearheading efforts to thwart the Hawkins project, said her intentions are rooted in environmental and groundwater concerns. That was confirmed by McDonald. "The mayor's driving concern," he said, "is the water resource that the whole region relies upon.

"Moscow has always been open to talking," said Chaney, adding that the table for such discussion has already been set through the water rights appeal. She said the city has proposed mediation as a means of settling the issue.

But Partch said talks, if they happen, shouldn't happen in a legal arena. Withdrawal of the appeal, he said, would be the best way for Moscow to show good faith. "That would be a huge gesture on their part," he said, "and we would certainly like to work with them."

The water rights appeal hearings are scheduled to begin in March.

"You can't build without water," Finch said, adding that many people think Chaney is simply using the water issue as the only legal lever available to stop retail development in the corridor. "She's the one who seems to be dead set against it."

A shopping center, said Finch and Partch, is not necessarily a big water consumer. But it would surely be a big revenue producer for the county.

According to county records, the undeveloped Hawkins acreage, which abuts the Moscow city limits and the Washington-Idaho state line, currently generates about $1,400 in annual tax revenue. If the mall is developed to full capacity, it could produce nearly $1.8 million in annual property and sales taxes for the county, De Voe told the commissioners when making his pitch for the $10 million in infrastructure bonds.

While Moscow couldn't directly tap into those tax dollars, councilors here said the city might be able to negotiate a fee for water and sewer services that translates into a profit.

"If it's going to happen and we can sell them something," Lambert said, "why not?"

"I'm very anxious to get together with entities across the border," said Krauss.

"I would be interested in talking about the possibility of extending services to Hawkins," Steed said.

"I think that I would," Carscallen said about talking. Whether Hawkins connects to Moscow or drills its own wells, he said, doesn't seem to make a lot of difference. "They're going to get it out of the same tub we're getting ours."

Researchers have said the underground aquifers on the Palouse have been steadily dropping. But, lacking data about just how much water is available, the same scientists have said a water management challenge is at hand, not a crisis.

Finch suggested its up to Moscow officials, since they've filed the appeal against Hawkins, to propose new talks. "If they send us a letter, I would find it more receptive," he said.

But Lambert said the catalyst for talks might have to come from elsewhere. "I don't see why it would hurt for these people to approach us. Somebody has to generate it, but it wouldn't be something generated by the council, per se."

Moscow City Supervisor Gary Riedner said the city might reach out. "I will do what we can to facilitate it at the mayor's direction."

"I know lots of people are talking about talking," Fife said.

De Voe, meanwhile, told Whitman County officials that his company wants to begin construction this summer. As proposed, the shopping complex would be anchored by a Lowe's home improvement center.