Quote of the Day

...they’re not going to let Moscow hold up the process any further.

- Whitman County Commissioner Jerry Finch, "Hawkins water supply: Moscow pegs water rates at 2.5 times in-town charge," Whitman County Gazette, July 24, 2008

An excerpt from the story can be found below:

Largent said the county will now assess the costs of getting water from a well instead of from Moscow.

“What we have to figure is that we’re not a captive market,” said Largent. “Now we have to gauge (the city’s offer) by how much it would cost to dig wells.”

If Moscow and Whitman County fail to come to an agreement, Hawkins would be able to drill water under the three water rights the company acquired last year.

Commissioner Jerry Finch said the company has already drilled one well, and is in the process of digging a second. Calls to Hawkins to confirm were not returned.

If Moscow provides water to the shopping center, Finch said, the company would cap its wells.

“But they’re not going to let Moscow hold up the process any further,” he commented.

If the city does provide water, Hawkins would have to relinquish its water rights.

Largent said that makes it vitally important that a water agreement is drafted to prohibit Moscow from turning off the tap.

“We want an iron clad assurance if water rights are given up, that the development’s ability to draw water from Moscow goes on in perpetuity,” said Largent.

The county and city will now negotiate to come to a price agreement.

"Hawkins goes ahead with well drilling; Company wants to build shopping center; disputes over water may have delayed project"

There is a mistake in the article below from today's Lewiston Tribune. It was Commissioner Greg Partch that speculated in last Friday's Moscow-Pullman Daily News that the national and regional economy may have delayed Hawkins breaking ground, not Commissioner Michael Largent. In exclusive comments made to Palousitics last Monday, Commissioner Largent stated that:

Commissioner Greg Partch's comments in Friday's Moscow Pullman Daily News suggesting the national or regional economy may be to blame is simply his speculation. My personal speculation differs from Greg's in that I believe the regional economy remains strong for this project. However, national credit markets have posed additional requirements for Hawkins requiring them to get much further along with their tenant commitments than earlier anticipated before they can have their financing package in order to begin major construction.

From today's Trib:

MOSCOW - Crews with a well-drilling rig continued to work Thursday just over the border into Whitman County on Hawkins Companies property where a 714,000-square-foot shopping center has been proposed.

No information on whether water had been found was available. Jeff De Voe,spokesman for the Boise-based company, did not return a phone call from the Lewiston Tribune.

"I just learned they were drilling about an hour ago," Walter Steed, a Moscow city councilor, said late in the afternoon. "So certainly, I don't know what they've accomplished."

The drilling continues amid negotiations for the city of Moscow to provide municipal water to the Hawkins site. Moscow Mayor Nancy Chaney said talks are ongoing with Whitman County commissioners and the matter will go before the council Monday night.

Chaney said Whitman County commissioners had some questions about a draft joint-powers agreement proposed by the city. "The question revolves around, 'How much are you going to charge us?' " Chaney said.

The joint-powers agreement is apparently necessary before the Idaho Department of Water Resources will consider approving the transfer of groundwater across the border into Washington. The transfer, officials said, must be between two governmental entities, not between a government and a private company.

In the meantime, no signs of construction are apparent on the Hawkins acreage, other than a dirt road leading to, and landscaping around, the drilling site. Only the top of the drilling rig can be seen from the Moscow-Pullman Highway corridor.

The shopping complex, proponents say, will give the region a retail boost and signal the start of further retail development in the corridor. Opponents have said the complex - to be anchored by a Lowe's home improvement center and possibly two other big-box stores - represents unnecessary sprawl and a threat to the local groundwater supply.

Speculation also remains about why construction has been delayed. De Voe, earlier this year, said Hawkins planned to start moving earth around June 1. He declined comment two weeks ago about reasons for the delay, or whether work was imminent. Whitman County Commissioner Jerry Finch has blamed two years of delays on Moscow officials who challenged Hawkins' water rights. He also said two weeks ago that despite the company drilling for water, another construction season has essentially been lost.

Commissioner Michael Largent speculated the Hawkins construction delay had more to do with a nationwide economic downturn than water problems. De Voe three months ago said the state of the economy at that time would not figure in Hawkins plans. He also said the project would go forward even if Moscow failed to provide water.

Hawkins secured its own water rights for what the company is calling the "Stateline Project," only to have Chaney appeal to Washington state authorities. The appeals were dropped after new Moscow city councilors worked behind closed doors with Hawkins to create a plan to provide city water over the border.

Steed said the company wants to secure its own water source just in case the cross-border deal fails.

He said he's also encouraging everyone involved to expedite the negotiation process. "Let's get to the table."

Indeed, this item from the Moscow City Council's agenda for Monday seems to confirm that:

8. Request for Direction for Response to Whitman County Regarding Water Rates for Stateline Project - Gary J. Riedner

At the Public Works/Finance Committee held June 23rd transmittal of the Joint Powers Agreement between City of Moscow, Idaho and Whitman County, Washington For Purposes Of Providing Limited Water Services to the Stateline Project Draft Agreement was authorized. City Attorney Randy Fife sent the draft Joint Powers agreement on Thursday June 26. On July 2, Whitman County Commissioner Michael Largent sent the City Supervisor an email requesting clarification of Section 2, subheading C) "Cost of Service" which refers to class of customers and resulting rates that could be applied to the Hawkins development. The City Supervisor responded to Commissioner Largent's inquiry and outlined the fee resolution process in "setting reasonable rates and fees for City services" noting that the "current fee resolution does not contemplate the provision of water or sewer services to customers located in the
State of Washington." The City Supervisor also noted that he anticipates that the "City Council will adopt a reasonable rate for this service."

ACTION: Provide staff with direction pertaining to the response to Commissioner Largent's inquiry including the potential range of fees and propose a meeting schedule for negotiation of the Joint Powers Agreement between City of Moscow, Idaho and Whitman County, Washington For Purposes Of Providing Limited Water Services to the Stateline Project Draft Agreement or other such action as deemed appropriate.

Aquiferealists vs. Aquinuts

The Lewiston Tribune has been runnning a series about water issues on the Palouse. What follows below is a compilation of quotes (Aquiferealists in blue, Aquinuts in red) from several articles that were published in the Sunday issue of the Tribune, along with my comments:

King Solomon vs. Science:

"It's a little scary," says Mark Solomon, a longtime water watchdog and current hydrology doctoral student at the University of Idaho. "There is a looming water crisis."

Even with state-of-the-art technology, no amount of scientific probing will ever provide total understanding of the groundwater supply on the Palouse, says a University of Idaho hydrology and water quality professor.

"There are geophysical tools that you can use," Fritz Fiedler says of equipment designed to collect underground data. "But they aren't very accurate. And they don't work well in deep systems like we have. The main aquifer on the Palouse, which is the Grand Ronde, is about 1,000 feet deep."

"There's always going to be uncertainty that we're going to have to manage around," Fiedler says. So while more scientific data is desirable, cooperation between user groups and agencies is much more critical at this point.

"I don't think there's a looming crisis," Fiedler says. "I really don't think we're about to run dry by any means. But in the future, maybe 15 to 20 years out there, it's much harder to tell."

"I'm not saying the decisions will be here next year. I don't think the situation is that dire at all," [Jan] Boll [director of the Univeristy of Idaho Waters of the West graduate program] says. "But it's a planning process that we all need. And that's what our process is trying to develop."

In the meantime, Boll says no crisis is imminent. In fact, he says, the aquifers may be much deeper than realized at this point.

Surface water is plentiful. Reservoirs could be built. Treated runoff could be injected into the aquifers. The technology is even available to pump and pipe water from the major rivers to the south. While perhaps costly alternatives, Boll says the availability of water is more than adequate for the region.

One thing for certain, warns Boll, no amount of scientific investigation will ever provide enough answers to erase all questions about how much water is available. "The thing we need to come to grasp with is the uncertainty we will always have. There is always going to be uncertainty about how much water is left and how much we can keep pumping."

I think in this case I'll go with the professors over the "student." And since there is no way we will ever know how much water is left in the aquifer, it only seems logical to implement thoughtful conservation measures and develop economical alternatives versus the radical growth-killing solutions advocated by King Solomon and his Knights of the Water Table.

Larry Kirkland vs. Bill French

Larry Kirkland, former PBAC executive secretary, counters that there is no shortage. "The water is here. It's just a question of how we can get it."

Enough precipitation, for example, falls on the Palouse to make the shortage debate moot, say Kirkland and other experts. They contend capturing runoff in reservoirs or injecting treated surface water into underground aquifers, while costly, would meet future demands.

Kirkland, after leaving PBAC and being able to observe the big picture, warns that fears about lack of water can be used as both political and legal levers. "Water can become sort of a spotted owl to establish what you want as far as social engineering."

The spotted owl became the focus of national attention decades ago when
conservation groups used the bird's endangered species status to block logging of old-growth forests.

The potential for alternative water sources aside, [Bill] French [of the Palouse Water Conservation Network] says there's something "obscene" about the current situation. "I just think it's ethically wrong to take a 20,000-year-old resource like pristine groundwater that got into the ground during the last ice age and dump it on lawns or flush it down toilets."

"Obscene? ""Ethically wrong?" Kirkland is right. The Aquinuts ARE comparing the "pristine 20,000 year old water" to a living creature like the spotted owl to block growth on the Palouse. Let's illuminate Mr. French about the water cycle, shall we?


There will never be any more freshwater on Earth than there is now. No new water is being made and water can’t escape from the Earth. The water we use is recycled over and over again. It is never "destroyed." It just changes states or moves somewhere else. So that "pristine" water that got into the Grande Ronde aquifer during the last ice age was on the Earth's surface for hundreds of millions of years in various forms (clouds, rain, snow, ice, rivers, oceans) before that. And when it gets to the surface again to water your lawn or flush your toilet, it will stay around for hundreds of millions of more years before going back into the ground, into the ocean, etc. Water is not a living creature that can die off and go extinct forever. That same water will be here long after we are dead and gone. Arguing over water on the Palouse is as silly as arguing over dirt would be. If we can't get water from the aquifer, we'll get it from somewhere else. As the scientists above stated, this is a region that has ample water supplies through rainfall, snowfall, and rivers.

Proof that the Aquinuts are all about anti-capitalist socialism and not water conservation (as if their rejection of any proposal to recharge the aquifer or build reservoirs isn't enough proof) comes from this April 2003 Moscow Co-Op newsletter (notice that Spokane attorney Rachael Paschal Osborn, who is leading the legal fight against the WSU golf course, was at the meeting being reported on:)

...the idea that a community can only thrive with unlimited growth and development is a notion that must disappear, hopefully before the water does.

Post-World War II economy was based on a planned scheme for consumerism—and it worked. The economy grew, people consumed and planned obsolescence became an accepted norm. We become anxious when we consider voluntary reductions of any type. But, we must begin to imagine a “restorative economy” where having less is truly more satisfying, more interesting, and of course, more secure.

In the relatively near future, we must achieve a balance between what we are consuming and the capacity of the earth’s ecosystems to provide, according to author and businessman Paul Hawken. “We need to create an economy… that is not an either/or argument, but a means to create the best life for the greatest number of people precisely because we do not know the eventual outcome or impact of our current industrial practices. In other words, we need an economy based on more humility.”

Bill French vs. Michael Echanove

Not that PBAC would curb pumping if it could, suggests French, who likens the pumping entities to foxes guarding the henhouse. "I think the whole concept of PBAC is flawed. I think PBAC was mostly formed to have the appearance of doing something. And it kind of fooled the state of Idaho into not stepping in to regulate water."

"The state of Idaho has a couple of designations they can put on a groundwater basin," explains French. His and other groups, in fact, waded in amid the Naylor flap to petition the Idaho Department of Water Resources to intercede and regulate pumping from both the Wanapum and Grand Ronde.

After another round of hearings, the state backed away in favor of a local solution. That solution, suggested by the IDWR, was to form an 11-member citizens group to offer advice to the 19 representatives of PBAC. The group, says French, had the potential to be a watchdog over PBAC. "But in practice, it (the citizens group) has just become a mirror image of PBAC. It's a group of people who get together once a month and talk about stuff but they never do anything."

Michael Echanove, chairman of the citizens group as well as mayor of Palouse, disagrees with French's assessment of PBAC.

More regulatory authority, however, isn't needed, Echanove says. What's needed is more scientific data about just how big and how full or empty the aquifers really are. "Until we get that data, it's just a bunch of people with opinions. And you've got universities that have their own projects. You've got counties that have their projects. I mean, I could make a career just thinking about it."

The politics of Palouse water, Echanove says, are perhaps best illustrated by the differing opinions of his mayoral counterparts in Pullman and Moscow.

"Remember, you've got to get elected. And you've got to be able to lead and you've got to be able to look at the big picture, as such, and you can't come in with one opinion and run with it, because you're not going to get anywhere."

Yes, the Aquinuts would love nothing more than to have an unelected body of envirocrats, who would of course have to buy into the idea of "looming water crisis," to beat back every new big-box store, golf course, highway, or housing project on the Palouse.

The fact remains that PBAC HAS been successful, greatly reducing water usage on the Palouse since 1992 (8.3% less than was pumped in 2006 than in 1992) through VOLUNTARY guidelines.

Nancy Chaney vs. Glenn Johnson

Moscow Mayor Nancy Chaney was accused of social engineering when she leaped across the state line into Washington to legally challenge water rights for development of the proposed Hawkins Companies shopping center.

She defends her actions as an attempt to ensure water "sustainability."

"I come from a scientific background," says Chaney, who holds a master's degree in environmental science. "I get the scientific principle. I understand objectivity. But having entered the realm of politics, I've sort of straddled that line."

Ultimately, newly elected members of the Moscow City Council usurped Chaney's political power by agreeing to not just abandon the legal appeals, but to actually supply water to Hawkins.

Chaney laments that while the politics of water continue to vacillate, the groundwater supply will continue to drop. "It's certainly political. I think we should be informed by science, but there are competing interests. So we're sort of waiting out a cost-benefit analysis. We're looking at long-term and short-term values and things we can afford to gamble with and things we cannot afford. Unfortunately, political cycles don't coincide with natural resource needs."

Eight miles away in Pullman, Mayor Glenn Johnson declines comment on Chaney's tactics. "To be honest with you, I'm leaving that one alone."

As for the politics of water on the Washington side of the border, Johnson suggests they're quite different than in Idaho, and especially Moscow. "What we're trying to do is, we're not going to discourage growth over here. We're telling everybody that 'Yes, we know we have adequate water supplies, we've had plenty of research on that. But at the same time, we want you to conserve. We want to make sure you watch your use of water.' So that's the message."

Chaney comes from a "scientific background?" Oh, brother. She's a nurse, for God's sake. The only line she is straddling is the line between San Francisco hippie and all-out barking moonbat. The Queen's "realm of politics" will be over next year. meanwhile, Mayor Johnson's pragmatic political views have earened him two unopposed terms in office.

Paul Kimmell: Friend to Whitman County

From last Thursday's Whitman County Gazette:

Avista Foundation helps library project

Nancy Lintvedt, Colfax, holds a $10,000 check to the Friends of the Whitman County Library from the Avista Foundation for the capital improvement project to make the library more ADA compatible. Paul Kimmell, right, Avista manager for the Palouse area, represented Avista. Library Director Kristie Kirkpatrick is at left. Lintvendt, who uses a walker, has written letters in support for the new library renovations that would make it possible for handicapped residents to get to all three levels of the library.

Paul Kimmell, a former Latah County Commissioner and former executive director of the Moscow Chamber of Commerce, has proven to be a real friend to Whitman County. I'm sure he had a hand in getting this check cut from Avista.

In January, Paul was present during the public hearings held by the Whitman County Commissioners on the infrastructure bond for the Hakwins project. Through his involvement with the Greater Moscow Alliance, I'm convinced Paul played a major role in getting the Moscow City Council to drop its appeals of Hawkins water rights and subsequent offer to sell water and sewer services to Hawkins.

Recently, when Whitman County solicited public comment for a new Revenue Development Area that includes the Hawkins development, Paul wrote, "...please know I wish you much success with your efforts."

Paul Kimmell defines a good neighbor, and gives me hope for continued cross-border cooperation on the Palouse.

"Economy stalls work at Hawkins site; Commissioner says water issues with city not to blame for lack of progress"

Okay, I'll admit it. I'm confused.

Last Tuesday, Whitman County Commissioner Jerry Finch blamed Moscow in the Lewiston Tribune for the delay in breaking ground at the Hawkins site in the corridor.

The next day in the Trib, Commissioner Michael Largent said everything was fine.

Now, Commissioner Greg Partch tells the Daily News that it's the economy that's causing the slowdown.

Only Hawkins knows for sure, and they're not talking.

I have been around the retail development process enough over the last few years to learn a few things. I know that the legal and real estate departments often advise playing things close to the vest. I realize, as Commissioner Partch stated, Hawkins will run this project on their own timeline. But sometimes, this strategy creates a bit of a PR mess.

Nature abhors a vacuum. In the absence of fact, speculation rushes in to fill the void. Rumors are flying now that Lowe's is pulling out, Hawkins is scrapping their development plans, etc.

Some straight answers would be nice right about now. I'm working hard to find out what's going on.

From Friday's Moscow-Pullman Daily News:

Whitman County Commissioner Greg Partch said struggling national and regional economies likely are to blame for work not having started at the site of Hawkins Companies' retail development, rather than ongoing water negotiations between Moscow and the county.

Hawkins officials had planned to break ground by June 1 at the future home of its 714,000-square-foot shopping center located just west of the Idaho border. Hawkins representative Jeff DeVoe did not return calls seeking comment.

"Obviously, the economy has really slowed down and projects like this slow down too," Partch said. "I still expect things to go forward.

"They have to work at the speed that is suited to their needs," he added. "They are very much committed to this ... I am not concerned."

In February, Moscow and Hawkins agreed on a deal for the city to provide water services to the development in exchange for Hawkins retiring two water rights it had secured for its development.

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

Partch said county staff are reviewing the draft agreement with Moscow. He has several concerns with the draft, which he describes as much more complicated than needed.

One issue is that the draft calls for a joint board to administer the agreement, something Partch sees as unnecessary.

Partch also has concerns over a provision that deals with future water concerns and states that Idaho water law would dictate solutions should issues arise.

Water rates also are a concern for Partch. The draft states that Moscow will dictate the rates, and he would like to see a baseline rate and an assurance that future rates wouldn't be "picked out of the air" and become unaffordable.

"It's way overwritten as to what this is," Partch said. "I think they are making it much more complicated than it needs to be.

"I think it has some flaws that I am not happy with, but at least it's a place to start. We intend to work with the city of Moscow and work out some sort of agreement."

Moscow City Councilman Walter Steed said the agreement was written by city staff and presented to the council several weeks ago. The council also noticed some issues with the agreement, but elected to forward it to the Whitman County Commissioners to avoid slowing the process.

"It's a first draft," Steed said. "We could have held it up for two to four weeks. We didn't want to slow the process down any more than we had to."

Steed said Partch's concerns are legitimate and he hopes to sit down with Whitman County commissioners soon to iron out a solution.

"I think they are good questions and good concerns and I just want to get around a table and talk about them," Steed said.

He also questioned the need for an agreement altogether and hopes to have IDWR attend to clarify the situation.

"We are encouraging everybody to have a meeting and all sit down," Steed said.

The lack of an agreement has not hindered progress at the Hawkins site, Partch said. The company can begin drilling wells at any time according to an agreement the company reached with Moscow.

"It hasn't slowed Hawkins, they are going to drill their wells and move forward," Partch said, adding that he expects drilling to begin soon.

Partch also anticipates that ground work will begin this year and that actual construction will start next spring. Hawkins' officials have said the center's anchor store - Lowe's - is expected to open for business in September 2009.

"Hawkins never indicated there would be any construction (this year), but there's a huge amount of land-leveling to do," Partch said. "This is a Hawkins project and we are here to help them. They will do things on their time line."

Is the Cold War Between Moscow and Whitman County Back On?

It appears that the short period of Détente enjoyed between Moscow and Whitman County since January is (temporarily?) over.

If you read Queen Nancy's rambling and paranoid missive concerning Hawkins, it's not surprising really.

Now, to quote April, Hawkins needs to drill here, drill now, and worry less about Moscow.

From today's Lewiston Tribune:

Progress stalls on shopping center

Disputes over water have set project back two years, Whitman County commissioner says

MOSCOW - Development of the Hawkins Companies shopping center just across the border into Washington has been delayed again, a Whitman County commissioner confirmed Monday.

"They've lost a construction season, that's what it boils down to," Commissioner Jerry Finch said. "They're going to get some work done this fall, but they're not going to have any construction until next year."

Jeff De Voe, spokesman for Hawkins on what's being called the "state line project," declined comment about when construction might begin.

"He's speaking of his own opinion, not mine," De Voe said of Finch. "A lot of things are happening. I don't have anything for you quite now. As of today, it's just quiet."

In April, De Voe estimated earth-moving equipment would start work at the site around June 1, weather permitting.

But Finch, one of the principal proponents of the development, said he talked with De Voe last week and received an update on delays. The proposal calls for a 714,000-square-foot shopping complex with a Lowe's home improvement center as its anchor.

Finch blamed the latest and previous construction delays mostly on Moscow elected officials who've stymied progress by questioning the development's impact on regional groundwater supplies.

"I think this is a stalling technique to kill the project," Finch said, referring to an initial Moscow appeal of Hawkins water rights transfers by Mayor Nancy Chaney, and subsequent slow progress toward reaching a possible agreement for Moscow to provide water services over the state line.

"That, quite frankly, has set this project back about two years," Finch said of the water issues.

His words come two weeks after members of the Moscow Public Works Committee agreed to forward a draft joint powers agreement to Finch and the other Whitman County commissioners. The agreement is necessary before officials at the Idaho Department of Water Resources will consider interstate transfer of a municipal groundwater supply.

"We've been reviewing it," Finch said of the eight-page draft, adding his cursory assessment has left him thinking more negotiation might be needed. He said the county's legal counsel must review the document before anything is sent back to Moscow. The agreement is necessary because IDWR, which has authority over groundwater, wants the water transfer agreement to be between two governmental entities, not between a city government and a private company.

In the meantime, Finch said, De Voe assured him Hawkins will move ahead with or without Moscow's participation. "I was assured by Mr. De Voe last week that drillers would be on site," Finch said of the company's intentions to drill for its own groundwater. "They're going to drill regardless. Hawkins is doing this on their own. They are not willing to gamble with Moscow."

Finch, who has worked closely with Hawkins on promotion of the shopping center, said the company would "cap" any wells it drills and retire its water rights if an agreement is eventually reached with Moscow. He said drilling could start in two weeks.

But the 204-acre construction site appeared to remain untouched Monday. This despite De Voe saying in April that a ribbon-cutting ceremony would likely be conducted to publicly announce the start of construction. A sign promising arrival of the shopping center remained standing Monday.

Finch and fellow commissioners Michael Largent and Greg Partch have heralded the Hawkins shopping center as the beginning of retail development in the Moscow-Pullman corridor. Likewise, Pullman officials have endorsed the project as a much-needed economic catalyst.

Critics, mostly in Moscow, have said it's the beginning of unnecessary retail sprawl. Pro-development candidates who were elected last November to the Moscow city council have couched their support in terms of the development being "inevitable" and Moscow needing to tap into profits by supplying water.

Hawkins completed its $5.45 million purchase of the development site in April. In addition to Lowe's, plans show room for at least two additional big box stores as well as a number of other retail outlets.

"Hawkins water supply details move forward; Joint powers agreement is in the works"

Just a brief note to the article below that appeared in today's Lewiston Tribune. Jeff DeVoe of the Hawkins Companies did indeed say that they hoped to break ground on the Stateline Retail Center in June if the the land had dried out. If you have been on the Palouse lately, you know our weather has been anything but "dry" this year, with 1.5 inches of snowfall covering the ground just two weeks ago. I wouldn't read too much into the fact that ground hasn't been broken yet.

MOSCOW - While construction on the controversial Hawkins Companies shopping center has yet to begin, officials took an important step here Monday toward sealing a deal to supply water to the development.

Members of the Moscow Public Works Committee agreed to forward to Whitman County officials a draft joint powers agreement. Such an agreement is apparently necessary before the Idaho Department of Water Resources will consider allowing Moscow to provide water services over the state line to Hawkins.

Committee members Walter Steed, John Weber and Wayne Krauss questioned the need for the agreement, but decided to let the Whitman County commissioners review the draft before forwarding it to the full Moscow City Council for consideration.

"Undoubtedly Whitman County is going to have some items that they want to address," Krauss said.

Among other things, the eight-page draft proposes formation of a three-member governing board to oversee allocation of Moscow's water into the state of Washington. Two board members would be from Moscow's city council and one from the Whitman commission, according to the draft.

Jeff De Voe, spokesman for Hawkins, could not be reached for comment. He said more than two months ago the shopping center would be built regardless of whether a water deal could be reached with Moscow. The company already has water rights in Whitman County.

But De Voe also said at the time construction would likely begin in June and a ribbon-cutting might be conducted to announce start of the 714,000-square-foot complex. As of Monday, only a Hawkins sign reading "Coming Soon Major Shopping Center" indicated anything imminent at the site.

The shopping center, reportedly to be anchored by a Lowe's home improvement center, is designed to accommodate three so-called big box stores and eight smaller retailers. Whitman County officials have touted the project as the beginning of retail development in the Moscow-Pullman corridor. The site is located immediately across the border from Moscow and butts up to city water lines.

Moscow Mayor Nancy Chaney appealed Hawkins' attempts to transfer water rights in Washington to supply the shopping center. The mayor reasoned the complex threatened the aquifer that supplies the Palouse. But an agreement was eventually reached for Moscow to supply Hawkins' water needs.

Chaney and Councilor Tom Lamar have gone on record against the supply agreement, while all other city councilors voted in favor. The agreement was reached in February and most participants said they thought the deal would be completed before the construction season started. But the IDWR determined any kind of supply agreement must be between two governmental entities, not between a government and a private business.

"City to send water sale application to IDWR this week"

Things keep moving along with the Hawkins development.

From the May 28 issue of the Moscow-Pullman Daily News:

The City of Moscow will send off its application this week to the Idaho Department of Water Resources to provide water services across the Washington state line.

If the application is approved, Moscow will sell water to Whitman County though an intergovernmental agreement.Whitman County will then provide the water to the Hawkins Companies' 714,000-square-foot retail development just across the state line from Moscow.

Moscow agreed to provide water to Hawkins in a February settlement agreement. In turn, Hawkins is expected to retire water rights it had secured from the Washington State Department of Ecology.

Hawkins reviewed the IDWR application, as per the agreement, and made a few suggestions. One was correcting a typo, which City Supervisor Gary Riedner said will be done before the application is sent. Hawkins also requested to review the intergovernmental agreement. Riedner said drafts of the agreement will be made available to the public.

Hawkins also requested that the application to IDWR reference all of Moscow's water rights rather than just those connected to Well No. 9. Riedner said Well No. 9 has plenty of water rights to fulfill the city's obligation.

Riedner said the city will look into whether it should include more water rights, but the City Council Public Works/Finance Committee members directed him to send the application to IDWR first.

Councilman Wayne Krauss said the deal with Hawkins had nothing to do with which water rights are used, so the city is not obligated to change that part of the application.

"We need to send this down to IDWR," he said. "This is becoming more complicated. There is more red tape becoming involved in it."

"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.

"Eye utility district: Moscow cannot supply water directly to Hawkins"

Looks like Whitman County is getting into the water business. Good. Now everyone can't scream that Moscow is selling water directly to Hawkins as part of some under the table sweetheart deal.

In any case, Hawkins is wisely going to dig a well just in case things with Moscow or IDWR don't work out down the road.

From yesterday's Whitman County Gazette:

Whitman County will have to enter into a formal agreement with Moscow if the city is indeed going to provide water service to Hawkins’ companies’ stateline strip mall.

Commissioners Monday agreed to do just that after receiving a letter from Moscow’s City Supervisor Gary Riedner stating the Idaho Department of Water Resources would not allow the city to sell its water to an out-of-state private business.

Commissioners signed a letter stating they intend to work with Moscow to act as the public entity that would accept the city’s water as an intermediary for Hawkins.

Commissioner Michael Largent said he was still uncertain if the county would simply receive a water bill and pass that cost on to Hawkins or if a utility district would need to be formed.

If the county and city can reach an agreement that suits the Idaho water authority, Moscow will provide up to 45 acre-feet of water for use inside the stores in Hawkins’ 714,000 square-foot development.

Cross-border cooperation is a new approach for commissioners, who were previously angered by Moscow’s appeals of the shopping center.

Moscow’s council filed appeals at several stages of the development’s permit process, and those appeals angered commissioners to the point that Commissioner Jerry Finch told the Gazette last year that “hell will freeze over” before he cooperates with the city on future projects.

Finch’s tune has changed since then.

Moscow voters last fall elected a slate of pro-business candidates to replace the council that had filed appeals over Hawkins’ use of water and pollution controls.

Finch Monday said he does not foresee any tension in these negotiations, crediting Moscow voters for “changing the tenor” of the city council.

“We do have to work all our issues out,” said Finch.

“But the new council is certainly amiable enough. And you know that I’m an easy-going teddy bear,” he said with a wink.

Largent was appreciative of the new council’s decision to drop those appeals and to sell the city’s water to Hawkins.

“I want to note that we very much appreciate the compromise from the new council across the border,” said Largent.

Earlier this year, Moscow decided to drop its appeal of Hawkins’ quest for four water rights. That appeal was dropped as the two parties reached a settlement in which Moscow would pipe water to the site if the company dropped its applications for the water rights.

The agreement was reached during a mediation with the state Department of Ecology.

Regardless of the outcome of the negotiations to purchase water from Moscow, Hawkins is planning to drill a well at the site this summer.

Public Works Director Mark Storey put out a call for bids on drilling the well today.

Under the agreement, the company retains a right to pull water from the ground until water service from Moscow begins.

The accord also ensured the town of Colton would have the right to draw 100 acre-feet of water from Union Flat Creek.

Finch added the well will provide insurance for the company in the event that Moscow decides to turn the spigot off in the future.

The company may also need the water while preparing the site for construction.

Hawkins spokesman Jeff DeVoe told the Gazette last month that excavation of the 700,000 square foot site will begin as soon as the soil dries out enough.

To administer the water swap, the county may have to form a utility district, said Finch. In a meeting with Port of Whitman commissioners Monday afternoon, he said the port would be the most appropriate agency to oversee such a district.

"IDWR: Intergovermental agreement needed for city to sell water to Hawkins"

Queen Nancy thinks "it'll be time-consuming." Of course she does.

From today's Moscow-Pullman Daily News:

Moscow and Whitman County will have to enter into an intergovernmental agreement if the city wants to provide water to the Hawkins Companies development.

Moscow City Supervisor Gary Riedner said Idaho Department of Water Resources officials told Moscow leaders last week that such an agreement will be required for the city to move forward with its application to modify Moscow's water service area to serve the Hawkins retail development just across the state line.

The city agreed to make "prompt application" to IDWR in a settlement with Hawkins, reached during closed-door mediation in February.

The process to create the intergovernmental agreement is just beginning, Riedner said. Moscow and Whitman County leaders have not been able to find a suitable date for an initial meeting.

Whitman County Public Works Director Mark Storey said he expects a meeting to occur within the next few weeks. It will then take a month or two for Moscow City Attorney Randy Fife, Whitman County Prosecutor Denis Tracy and other city and county officials to work out the agreement.

"I think the basic agreement's kind of simple," Storey said. "They agree to sell us water and we agree to pay for it, then we pass it on to Hawkins."

Riedner said intergovernmental agreements are fairly commonplace. The city and county already have mutual aid agreements for police and fire services in emergencies, for example.

IDWR Public Information Officer Bob McLaughlin said a 2005 letter to Fife from Deputy Idaho Attorney General Steve Strack explains the need for the intergovernmental agreement.

Strack wrote Idaho cities are authorized to enter joint service agreements "where it is more practical to construct and maintain a unified water or sewage system than for each city to provide separately such services to their respective residents." The municipalities' water rights would be amended to include the joint service area.

Strack wrote that similar agreements across state lines are potentially available under a section of Idaho Code that authorizes Idaho public agencies to "enter into cooperative agreements" with out-of-state public entities. Any agreement to extend services across state lines "would have to be carefully crafted to address issues such as authority to levy and collect taxes and fees."

The letter includes other rules and regulations regarding out-of-state water use and delivering water across state lines.

McLaughlin said he could not comment on the Hawkins situation aside from referring to the Strack letter, which was written in response to a separate inquiry from Fife.

Riedner said at Monday's City Council meeting that the city will see if it can send a letter to IDWR stating the city and county are pursuing the agreement, and move forward with the application while the agreement is being finalized.

The Moscow City Council and Whitman County commissioners will discuss and vote on any agreement publicly. Riedner said Hawkins officials also will review the agreement.

Moscow Mayor Nancy Chaney said the city will make an effort to move expediently on the agreement, as stated in the settlement with Hawkins, but it may not be easy.

"I think it'll be time-consuming," she said.

"Wal-Mart rumors just that - for now; Company official won't confirm or deny site being considered in proposed Hawkins development"

I have several comments on this article from today's Moscow-Pullman Daily News:

1. This rumor is as old as a brontosaurus. It has been around at least as long as Wal-Mart dropped its plans to go into Moscow some two years ago. It must be a slow news week to dredge this story up now with no new information.

2. There is no reason to think that Wal-Mart will pull out of Pullman at this juncture. They have invested quite a bit in legal and engineering expenses, and don't forget, they own the land on Bishop Blvd., paying $1.4 million for it back in April 2006.

3. A sound economic case can be made for having a Wal-Mart at Hawkins and in Pullman. As I demonstrated with Reilly's Law of Retail Gravitation, there are two distinct Pullman and Moscow Retail Trade Areas. The Hawkins development will be located 2 miles within the Moscow Retrail Trade Area.

4. Hawkins would likely have to redo its site plan to accomodate a Wal-Mart Supercenter. The current plans call for three big-box stores around 160,000 sq. ft. Wal-Mart Supercenters are generally around 200,000 sq. ft. Parking would probably need to be increased as well.

5. Once again, I state that all the opposition to Hawkins from the City of Moscow and Mark Solomon has been due to this rumor and Wal-Mart Derangement Syndrome. The NoSuperWalMart group of which Solomon is a key player and which includes several key Chaney political allies, released a flyer in September 2006 called "Closing the Gaps," which stated:

Thanks to an energized Moscow community and a City Council with the strength to say “NO” to a bad development proposal, Wal-Mart was shut down in their attempt to build a SuperCenter in town. But weʼre not totally in the clear, yet.

There are two other possibilities for siting a SuperCenter close to Moscow. One is in the county immediately outside the city limits called the Area of City Impact. The other is across the state line along the Pullman Highway.

Unfortunately for NoSuperWalMart, they lost both those battles. Latah County refused to institute a big-box ordinance in the Area of City Impact and now Moscow has dropped its water rights transfers appeals against Hawkins.

6. No matter what happens, it seems likely the old Wal-Mart in Moscow is destined to close if a new store opens. You can tell from what the Wal-Mart spokeswoman says that Wal-Mart does not like to operate in those smaller formats. All the PARD arguments about "One Wal-Mart is Enough" are preposterous. But don't worry, all the current Wal-Mart employees will be offered positions at whereever a new Supercenter opens.

7. Despite PARD's insistence that there is only a "small, vocal minority" that wants Wal-Mart in Pullman, it is evident from this story that idea is completely false. And those people are getting impatient. I am just one of many. I have no idea who Joann Haynes is. But I hear all the time from people who want Wal-Mart, NOW.

8. Similarly, despite PARD claims that I am the "Wal-Mart surrogate." the "avid Wal-Mart groupie," or a paid shill, I have no special insights or lines of communication to the company. I know as much as you do from reading the paper. I just pray Wal-Mart sticks it out and doesn't lose interest in Pullman.

Joann Haynes has heard the rumors about Wal-Mart.

The Pullman resident said she's heard through the grapevine that the Moscow store is slated to close and be replaced by a Wal-Mart Supercenter in the Hawkins Companies' proposed retail development in Whitman County.

Furthermore, Haynes said she's heard that if the plan gets the OK, Wal-Mart officials would scrap the project to locate in Pullman, as the county location could be shared by customers throughout the area.

Karianne Fallow, Idaho Wal-Mart public affairs manager, said there's no truth to the rumor - yet.

Fallow said the Moscow store will continue to operate as usual, but added that Wal-Mart officials have been interested in opening a super center in the city for several years.

In May 2006, the Moscow City Council denied a rezone that would have allowed the retail giant to pursue construction of a store on 77 acres east of town. The larger store would provide merchandise and groceries - a one-stop shopping experience Fallow said customers want.

"The modern Wal-Mart customer prefers the convenience of general merchandise paired with grocery," she said. "Our goal would be to serve our customers in Moscow with a super center. We don't have any plans to close (the current store) right now ... but the property where we exist is too restrained to do an expansion."

Since the rezone was denied, Fallow said store officials have kept an eye out for land that could accommodate a bigger store. The company is aware of the proposed Hawkins development, but Fallow would not confirm or deny whether store officials are negotiating to relocate there.

"We're always looking at any properties for opportunity," she said. "At this point, I can't confirm that because we don't have land under contract now ... But any opportunity would be a good opportunity for us to consider."

Jennifer Holder, Wal-Mart public affairs manager for Washington, said she also is aware of the rumor, but to her knowledge the rumblings are unfounded.

She said any strategy to relocate or expand the Moscow store wouldn't affect plans to construct a Wal-Mart Supercenter on Bishop Boulevard in Pullman.

"Moscow is a completely different market," she said.

Holder said store officials still are waiting for a court decision before breaking ground in Pullman. Wal-Mart announced plans to build in Pullman in October 2004 and a site plan for the store was later approved by the city.

The grass-roots Pullman Alliance for Responsible Development later appealed the approval of the corporation's environmental checklist and site plan on the grounds the store would affect stormwater run-off, traffic and negatively affect Pullman's local economy.

The case is being considered by the Washington State Division III Court of Appeals in Spokane. Holder said a decision is expected by June.

"We have no plans - no activities - until that decision is handed down," she said. "I know there are a lot of people anxious about it. I've even gotten calls from elected officials who have asked, 'When are you going to break ground?' ... We're waiting like everyone else."

Haynes said she is a supporter of a store being constructed in Pullman and is distressed by the rumor, so much that she admits to spreading it in an effort to determine whether if it's true or not.

"I really still want to see Wal-Mart in Pullman," she said. "If it was out there (in the county) it would still mean I have to buy more gas and get out on the highway with the ice and snow."

Angela Grant hadn't heard the rumor, but said she wouldn't be surprised if it was true.

"With a big new development there, they might look at that spot," said the Moscow resident and co-owner of Lilliput.

Grant said she does shop at Wal-Mart occasionally, and added that if the store were to relocate in Whitman County she'd do what she could to keep her dollars in Idaho by purchasing items at other stores, such as WinCo.

"If we're going to be buying the same products, we may as well stay local," she said. "I try to find as much stuff as I can (elsewhere in town) so I don't have to go to Wal-Mart."

Haynes said she's relieved to hear Wal-Mart still intends to build in Pullman, but she's ready to start filling her cart now.

"If that's the case, that's good, but it's sure taking its time," she said. "We're supposed to be shopping there right now."

Technorati Tags: wal-mart walmart

"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.

Shopping center water deal moves ahead

[My comments are in red and all emphasis is mine]

From today's Lewiston Morning Tribune

Moscow takes next step toward providing services to Hawkins

By David Johnson

Tuesday, March 11, 2008

MOSCOW - A controversial water plan took another quick step Monday to becoming a done deal after the Moscow administrative committee agreed to forward the issue back to the city council.

The plan is for Moscow to provide water and sewer services into neighboring Whitman County for construction of a 714,000-square-foot shopping center. Hawkins Companies, headquartered in Boise, is the project developer.

Members of the city council have endorsed the water deal by a 5-1 margin. But the city needs to apply to the Idaho Department of Water Resources for approval.
Les MacDonald, the city's public works director, said IDWR officials are in somewhat of a "quandary" over exactly how city water can legally be supplied outside city limits into another state. But he expected the confusion to be cleared up soon.

Mayor Nancy Chaney and Councilor Tom Lamar are opposed to the deal. "Fundamentally it pits near-term economic gain against long-term environmental sustainability, profit against water, and neighbors against neighbors," Chaney wrote in a recent statement. [Of course Nancy refuses to recognize that her actions and statements have lead to the unprecendented animosity between Moscow and Whitman county. I notice that Moscow is moving ahead with their application to drill Well #10, just over the Idaho state line. Moscow has made no secret of the fact that they plan to use the NEW well for further economic growth in Moscow.]

Councilors Bill Lambert, John Weber, Dan Carscallen, Wayne Krauss and Walter Steed voted in favor of the agreement with Hawkins.

MacDonald said the city has been in touch with Hawkins officials and a letter is being drafted to IDWR. A formal application will follow. The process, MacDonald said, will include public input.

The mayor and council have drawn strong criticism for holding executive sessions and participating in closed mediation sessions prior to reaching agreement with Hawkins. The company was in the process of securing water rights transfers to drill wells for the development when Chaney filed an appeal. The mayor asked for mediation to avert litigation, but didn't agree with the outcome. [ I wish Nancy would explain to us what outcome she expected and would have supported. Is she so delusional that she expected Hawkins and the Dept. of Ecology to roll over and recognize her majesty? Why did she agree to the settlement if she felt so strongly against it?]

Krauss, who was a part of the mediation, said the Hawkins development appeared to be "inevitable" and the city might as well make some money while at the same time controlling the amount of water the shopping center takes from the underground aquifer. The agreement calls for Hawkins to receive 45 acre-feet of city water annually.

City Supervisor Gary Riedner said the city has never extended water outside city limits without formal approval from the city council. So even though the council has endorsed the concept, it must also vote on the final deal. And that hinges on whether IDWR endorses the plan.

Whitman County officials have backed the Hawkins project from the beginning. The county recently opened the Moscow-Pullman corridor to retail development and the shopping center is considered the first step. The county's three commissioners have all chastised Moscow officials, especially Chaney, for going outside their jurisdiction to stymie retail development plans.

'Councilman says litigation could have proven costly for city; Krauss: Hawkins deal had to be made"

It's so refreshing to finally have a breath of sanity on the Moscow City Council and wathcing all the no-growth liberals squirm because there is not a damn thing they can do to stop this project now. Congrats to the Hawkins Companies for their resolve for putting an end to this nitwittery. I only wish Wal-Mart would act as aggressively.

And no, Gerard, water is not an issue for Whitman County, just the selfish efforts by you and other Moscow business people to hold Pullman and Whitman County back all these years.

Moscow City Councilman Wayne Krauss said a February mediation session in Spokane was the last chance to get Hawkins Companies at the negotiation table.

Krauss said at a forum Tuesday that the actions of company representatives during mediation led him to accept a controversial settlement agreement. The agreement includes a deal to sell water and possibly sewer services to the proposed retail development just west of Moscow in Whitman County.

"I was under the very strong impression that Hawkins was not going to talk about it any longer," he said.

Krauss spoke at the forum along with Tom Lamar, the sole council member to vote against the agreement, and local business owners Dennis Baird and Gerard Connelly. The forum was sponsored by the Moscow Civic Association, the Moscow Chamber of Commerce and the Palouse Water Conservation Network.

Krauss, who attended the mediation with Councilman Walter Steed and Mayor Nancy Chaney, said Hawkins representative Jeff DeVoe started packing his briefcase toward the end of the 22-hour meeting, indicating he was ready to make a deal or leave.

"When you see Jeff DeVoe and his attorney sit back in their chairs and cross their arms and they say (a section of the settlement) stays like it is, that's it, you pretty much understand where they're at," Krauss said.

He also said Peter Scott, an attorney hired by the city of Moscow who specializes in water issues, recommended taking the settlement to avoid costly litigation over the appeals that Moscow likely would have lost.

"We paid a lot of money for his recommendation, and I thought it was probably a good idea to do it," Krauss said.

In addition to the water and sewer sale, the settlement required Moscow to drop its appeals of two water rights approved for Hawkins by the Washington State Department of Ecology, and required Hawkins to drop an appeal of a right denied by the Department of Ecology. Hawkins will retire the water rights approved by Ecology as soon as it hooks up to Moscow's system.

Tri-State owner Connelly, who said the settlement deal is probably the best for Moscow in face of inevitable development, said the council could have tabled the settlement to allow public comment without returning to mediation.

He said it's good to get the best advice possible from lawyers, but the city can't let them dictate what to do.

In response to a question about why the decision to sell water seemed so rushed - the council voted to approve it at its first meeting after mediation - Krauss said he felt the next step would otherwise be costly litigation with Hawkins over the appeals.

Lamar disagreed.

"I thought we had all the time in the world," he said.

Lamar said the council was obligated to move quickly once it accepted the settlement, but it could have decided to spend more time thinking about it before voting.

Lamar said the decision to sell water was more significant than concerns about the appeals.

"It just seemed to me to be too big of a gift to switch," he said.

Tina Baldwin, a Viola resident who said she came to the forum because the development will draw from the same aquifer she does, said she was interested to learn that the City Council "was intimidated by lawyers."

"I guess the only one that voted with conscience and in the best interest for the business community and citizens was Tom Lamar," Baldwin said.

Moscow resident Jo Bohna said the forum increased her questions and concerns about the Hawkins deal.

Council members "were intimidated by big-city attorneys, panicked, and gave away our retail dollars to the state of Washington, along with 1 percent of our sewage processing capacity," Bohna said. [Have you noticed how contradictory all these moonbat's arguments are? If the Hawkins development will ultimately fail, as they predict, why all the "strong arm tactics" by Hawkins to push the deal through? Obviously, Hawkins sees a gold mine of untapped retail needs here, worth enough to but up with all this BS. - tf]

Palouse Water Conservation Network President Bill French said he still had questions after learning about the mediation process and influence of attorneys.

"If this is such a good deal for Moscow, why did all the high-powered attorneys from Hawkins let us get away with it?" he said. "They wouldn't have agreed to go with anything that would benefit them less than it benefits us."

The forum also included discussion of the possible effects the Hawkins development could have on Moscow business.

Baird, who owns the Wine Company of Moscow, said he is "deeply afraid" that Hawkins will cause some Moscow businesses to close. He also is not confident there is enough retail demand to support the Hawkins development.

He said he's concerned "that mall will survive just long enough to sink a whole lot of ships in Moscow and probably Pullman for that matter and then fail."

Lamar said he's worried that Hawkins will approach Moscow businesses and convince them to relocate to the development.

Connelly emphasized that retail shopping centers like the one proposed by Hawkins create economic displacement, not economic development.

"When Lowe's opens up, do you think people in Moscow are going to buy more lumber and more hardware?" Connelly asked. "They're not. [How about people from all over the region that curently go to Lewiston or Spokane to Home Depot? Connelly is too successful to be this dumb about business. It's got to be a put-on - tf]

"Having said all of that, I think that the council probably didn't have any good choices, because apparently water is not an issue for Whitman County."

Connelly said he preferred having Hawkins build right next to Moscow than in Pullman.

He said his father always told him "it's always best to be right next door to your competition."

Krauss asked audience members to raise their hands if they were concerned about the downtown business district "suffering tremendously" because of Hawkins.

Almost everyone raised their hands, and Krauss admonished them to stop being pessimistic. He said people have been worrying about downtown for decades, and downtown has survived.

He said that downtown businesses fill specialized niches. They might lose some price-shopping customers, but will keep others.

"Dennis, there's absolutely no way that anybody can put you out of business because of what you offer," he told Baird. "Yeah, they can beat your prices, but they can't beat you."

Editor's note: Wayne Krauss was referencing a conversation with another person who said small business owners should quit if they can't stand up to big business. The comment, included in Wednesday's edition of the Daily News and an earlier version of this story, was incorrectly attributed to Krauss due to a Daily News error.

"Forum on Hawkins deal brings questions, answers"

Let me sum up last night's Moscow Com, er, Civic Association forum on the Hawkins development.

Moscow will receive $170,000 a year for selling Hawkins the same water Hawkins could have been pumping themselves, versus nothing.

Leftists still view national chain retail as some sort of capitalistic murder-suicide plot versus an investment.

And Gerard Connelly is still against any retail development in Pullman.

Now, can everyone please shut up? It's a done deal.

From today's Lewiston Tribune:

MOSCOW - Secrecy in government and a hurried business deal became fodder here Tuesday night for a bevy of questions and answers, some lengthy explanations and at least one concession.

"Has the council learned a lesson? Absolutely," Councilor Wayne Krauss said during a public forum about the city's recent closed-door deal with Hawkins Companies developers. "Should there be more public process? Absolutely. I agree with that."

The city council voted 5-1 last month to provide water and sewer service across the state line to Hawkins' proposed 714,000-square-foot shopping center. The action came after 22 hours of secret mediation and no public input.

"We got bad results from a process that was dubious at best," said Dennis Baird, owner of the Wine Company of Moscow.

Krauss and Baird were joined on a panel by Councilor Tom Lamar and Tri-State business owner Gerard Connelly. The forum, attended by about 100 people at the 1912 Center, was co-sponsored by the Moscow Civic Association, the Moscow Chamber of Commerce, and the Palouse Water Conservation Network.

Lamar, the only council member who voted against the agreement, said while the city council was on firm legal ground, "morally I feel like we should have done a lot of things differently."

Connelly defended the intentions of all elected officials. "I believe that every single person on the old council and the new council, and the mayor, acted honorably. And don't question anybody's motives."

But he said retail development is not economic development. "Retail follows economic development," Connelly said, adding he couldn't think of a more important vote taken by a Moscow City Council than the rushed decision with Hawkins. And yet there was "woefully inadequate public comment."

Krauss pointed out the lack of public involvement and secrecy started when Mayor Nancy Chaney and members of the old city council went into executive session last year and apparently came to a consensus to appeal Hawkins Companies attempts to secure water rights for the development. Then the city, without public input, decided to enter into mediation, Krauss said.

"We suddenly found out, guess what, we're going to mediation next week," Krauss said of how the process was sprung on new council members. He, Chaney and Councilor Walter Steed attended the mediation session with Hawkins in Spokane. All had to sign a confidentiality agreement.

"We felt that the Hawkins development, it was coming no matter what Moscow did," Krauss said. If the city didn't supply sewer and water, Hawkins would drill its own well and sewer system. "So the next best thing was hammer out the best deal we can."

Krauss estimated Hawkins will pay the city upward of $170,000 annually for water and sewer service on top of thousands more for hookup fees.

Most of the written questions at the forum focused on details of the water and sewer deal, rather than the secrecy of the decision making.

Baird expressed his doubts about the development, saying local businesses will lose out. "And then the place will close ..., and the whole community will be stuck with less business and less tax revenue than we have right now. That's the scenario that I'm really afraid of, that the mall will succeed just long enough to sink a whole lot of ships in Moscow and Pullman ... and then fail."

Connelly predicted the shopping center would amount to the latest exercise in "economic displacement," not growth. Nonetheless, if the development is inevitable, he'd rather have it right next to Moscow than farther away. "The closer you can be to your competition, the better."

Concerns about the development using too much water, Krauss said, should be less under the proposed agreement because Moscow will be able to regulate the amount. He also said people who fear excessive water use by Hawkins need to be more concerned about residential developments that go in with little or no discussion about their drain on groundwater supply.

"Hawkins reactions reflect unneighborliness"

Another masterpiece from Michael O'Neal in today's Moscow-Pullman Daily News:

Two weeks ago, I offered some observations about the Moscow City Council's decision to peddle water to a proposed retail development over the state line. I took a tongue-in-cheek view of the kerfuffle based on frenzied reactions to the council's "betrayal" of Moscow and the preposterous notion that the five who voted for the sale should be booted from office.

This week, let me offer some less tongue-in-cheek observations, all admittedly based on utter ignorance of the intricacies of water law, though I suspect those intricacies perplex people who are smarter than I.

In the Bible, God gave humans dominion over the animals by giving us the power to name them. There's a class of amateur geologists in Moscow who seem to believe that if they can name the aquifer we sit on, it belongs to us.

But the water under our feet no more "belongs" to the city of Moscow than does the air surrounding us - as though, if a wind blows through, we have to go to the recorder's office and reassert our ownership rights to the new air. The aquifer, like the air, is an amorphous mass whose boundaries are difficult to define and whose contents alter over time. The water isn't Moscow's water, like a huge bottle of Evian. (Legally, it belongs to Idaho.) Rather, what Moscow owns is the right to pump the water out of the ground and deliver it. When we say we "buy water," that's a bit of a misnomer. We don't buy water, strictly speaking, as much as we buy a pumping and delivery service.

When you get down to it, it's no different from a brothel, where you buy a service, not a product (so I'm told). And as in a brothel, no matter how often you breathlessly pant a name, you don't own anything. Some people, though, think that by selling water over the state line, Moscow and its people are the ones getting screwed and the City Council members are the pimps.

But how so? Presumably, if the retail development goes in - and Moscow has no say in that matter - the developers will obtain the right to use water. They're going to get that water from either Moscow or Pullman. But it's the same aquifer. So what real difference does it make who sells the pumping and delivery service? The answer, I would argue, is simple. None.

What strikes me, though, is a kind of mean-spiritedness, a lack of neighborliness, about many of the reactions to the sale of the service, as though by driving over the state line, you enter an alien land populated by, I don't know, Romulans - or Republicans. But that's absurd. Moscow and Pullman are intimately connected. People who work in Pullman live in Moscow, and vice versa. Shoppers smuggle goods across the state line. The universities cooperate. The economic, social and cultural fortunes of Moscow and Pullman are symbiotically linked, and enhanced. But to read some of the feverish letters to the editor, we should be installing armed border guards.

Here's another way to look at it. Say my neighbor asks for an easement or a lot-line adjustment to access his property from mine. The only alternative for him is to cut in access from elsewhere, with tree cutting, blasting, and disruption to the landscape, all at huge expense. If I can provide that access, and indeed can sell it to my neighbor, it strikes me that refusing to do so is pure cussedness, a kind of me-first attitude that's indecent. At best, it leads to a misallocation of resources.

Similarly, if it would cost the developer piles of cash to dig in water lines from Pullman, but far less to pipe water - and not very much water - a hop, skip, and jump from Moscow, the neighborly thing to do is sell that service. Everyone benefits, including Moscow shoppers, who now maybe won't have to gas up to drive to Spokane or Lewiston, or even over to Bishop Boulevard.

But see, none of this is really about water. It's about development, which threatens the city's regressive "progressives." Development makes the pond bigger. And in a bigger pond, some of the fish start to look like sprats.

"Thompson: City Council did not violate open meeting law

No surprise there. If secret meetings were illegal, then Queen Nancy would be sitting in the Moscow hoosegow for the executive sessions she held in 2006 and 2007 to initiate first a SEPA appeal and later water rights transfers appeals against the Hawkins development.

From yesterday's Moscow-Pullman Daily News:

Latah County Prosecuting Attorney Bill Thompson has concluded the Moscow City Council did not violate the Idaho open meeting law in its actions involving the Hawkins Companies settlement agreement.

Moscow resident Dennis Baird filed a complaint with Thompson on Feb. 12 alleging the council violated the state's open meeting law Feb. 4. During that meeting, the council and Mayor Nancy Chaney met in executive session to discuss a settlement agreement, drafted during confidential mediation with Hawkins and other entities, that proposed selling water and sewer services to Hawkins' 700,000-square-foot development in Whitman County, just across the state line from Idaho.

Thompson responded to Baird in a letter dated Friday. He concluded that the council legitimately entered executive session based on the law's allowance for meetings "to discuss the legal ramifications of and legal opinions for pending litigation."

Based on discussion during the Feb. 4 meeting, "it appears that the Council and Mayor discussed with their legal counsel the City's legal options in regard to possible settlement of the pending appeals," Thompson wrote.

Thompson stated that the settlement agreement showed the legal matters and the water and sewer deal are "so intimately intertwined" that the sale could legally be discussed during executive session. The council did not vote to approve the settlement agreement until its regular, open meeting.

Thompson also wrote that the council and mayor could have asked for public input before finalizing their decision on the settlement, but "the Idaho Open Meeting law does not mandate that they receive public input; it only requires that their decision be made in public."

2007: The Year of the Corridor

Well, the votes are in and the results have been tabulated. A whopping 128 Palousitics readers weighed in on what they considered to be the top Pullman news story for 2007.

Based on the fact that three out of the top five stories concerned the past (Fred Russell found guilty), present (widening of SR 270) and future (Moscow appeals stall Hawkins development) of the Pullman-Moscow corridor, I hereby declare 2007 the "Year of the Corridor."

Here they are, your Top 10 Pullman news stories for 2007:

1. Fred Russell found guilty - 35.16%

Six years later and 300 miles away, Fred Russell, Whitman County's Most Wanted, finally faced justice for a horiffic crash that killed three WSU students and injured several others.

2. Resurgence of WSU men's basketball - 10.94%

Wake up the Cougar hardwood ghosts. Friel. Harshman. Heathcote. Raveling. In his first year, head coach Tony Bennett guided the Cougar men's basketball team to their first NCAA tournament appearance since 1994 and first tournament win since 1982. After the magical 2006-2007 season, Bennett garnered more national coaching awards than any other PAC-10 coach since the legendary John Wooden in 1972, being named PAC-10 Coach of the Year and National Coach of the Year by numerous organizations and media outlets.

3. Islamofascism Awareness Week at WSU - 9.38%

Hard to believe it's just been six years since 9/11. The WSU College Republicans were faced with threats of facing the "fury of progressive voices for tolerance on the Palouse" for screening a film that actually reminded people that there are some radical Muslims out there that crash planes into buildings, cut people's heads off and blow up subway trains. Overall though, the usual suspects behaved themselves and nobody ended up on "Hannity & Colmes."

4. Moscow appeals stall Hawkins development - 8.59%

Different dreams. The struggle between competing visions for the Palouse, eco-communalism vs. stopping retail sales leakage, seemed to be epitomized by the struggle over the proposed 700,000 square foot shopping mall being developed by the Hawkins Companies of Boise on the Washingon side of the state line. Whitman County officals worked hard to bring the project to fruition, but Mayor Nancy Chaney fought Hakwins to a standstill with appeals of water rights transfers approved by the Department of Ecology. However, the November city council election in Moscow brought a dramatic change to the political landscape...

5. Moscow-Pullman highway expanded - 7.03%

Prompted in part by the 2001 accident for which Fred Russell was found guilty of three counts of vehicular manslaughter, the Washington State Department of Transportation finally completed the oft-delayed widening of SR 270 between Pullman and Moscow, thus greatly enhancing safety, and eventually commerce, on the six mile stretch of road.

6. Five arsons in one morning - 6.25%

Pullman residents awakened on the morning of November 15 to find that a serial arsonist was on a rampage, setting fire to two garages, a vehicle, a duplex, and an apartment building within the space of two hours. Luckily, no one was killed. At this date, police still have no suspect in the case.

7. Weller upsets Sorensen in City Council race - 5.47%

"Every vote counts." You always hear it, but November's Pullman City Council election proved the old adage to be true. 26-year old underdog Nathan Weller unseated incumbent City Councilman Al Sorensen in Ward 2 by a scant 10 votes, which prompted a recount by Sorensen.

8. (tie) WSU football coaching changes; Doba out, Wulff in - 3.91%

A triumphant 2003 Holiday Bowl win over future national champs Texas and three Apple Cup victories couldn't save WSU head football coach Bill Doba's job. Many felt that Doba had squandered opportunities for greatness after having WSU's all-time leading passer (Alex Brink) and a running back who led the NCAA in rushing in 2005 (Jerome Harrison) on the roster. After Doba "resigned," he was replaced by former Coug football player and Eastern Washington head coach, Paul Wulff.

8. (tie) Costly stormwater requirements imposed by state - 3.91%

There aren't any salmon in the Palouse River watershed, and never have been, thanks to Palouse Falls. But that didn't stop the Washington Department of Ecology from imposing a gigantic unfunded mandate on the city of Pullman. In order to have stormwater runoff that is almost fit to drink, it is going to cost the city (and you the taxpayer) millions of dollars. Pullman and several other eastern Washington cities are appealing the decision.

8. (tie) Elson Floyd takes helm at WSU - 3.91%

Elson Floyd, who took over as the 10th WSU president, is the first African-American to hold the position. Floyd came in and immediately made an impact, proposing some controversial reallocation of resources and dismissing some long-term employees.

Corridor 3-Fer, Part 1

From yesterday's Moscow-Pullman Daily News:

Why I voted for the mediation settlement agreement

By Bill Lambert

On Feb. 4, I was one of the five council members to vote for the mediated settlement between the city of Moscow and Hawkins Development Company. The settlement agreement came after 22 hours of negotiation between the two parties. The signed document occurred on Jan. 29. Anyone can get a copy of this signed document from our city attorney, Randy Fife.

The process of getting to mediation has been an ongoing process for many months that included our prior council and mayor. The first time that I heard about the possibility of mediation, I was opposed to it. I also wasn't in favor of challenging and spending thousands of dollars appealing water rights granted within a state and county that I didn't live in. Personally, I wanted to stay out of litigation. The previous council had approved continuing the challenge with Whitman County and the state of Washington.

The week prior to the mediation that took place in Spokane, the council was introduced to Peter Scott, an attorney who specializes in these matters. After listening to him for several hours I was convinced that mediation was the way to go.

At 5 p.m., Feb. 4, the mayor had called an executive meeting to discuss the mediation that took place in Spokane. Scott answered many questions and heard the opinions of everyone in that meeting. Here is what we learned during this meeting: The settlement agreement that our Mayor, Nancy Chaney, brought back from Spokane seemed fair and reasonable. Nancy's signature on this agreement as well as two of our council members made me realize that the document must have validity. I want to thank our Mayor Chaney, and Councilors Krauss and Steed, for representing us.

The page that had the signature of the two parties had a sentence that I would like to quote. "In an effort to avoid the cost and the uncertainty of further litigation, party representatives have reached an agreement in principle as set forth in the attached settlement agreement."

Scott told us litigation would cost hundreds of thousands of dollars with an uncertain outcome. I am not willing to spend tax dollars fighting decisions that are made by the state of Washington and Whitman County. Those thousands of dollars should be spent on streets, sidewalks, and services for our residents. We have already spent thousands of dollars of your money fighting this.

So where are we? The Idaho Department of Water Resources will either approve or reject our application to sell water across the state line. If they reject the application the mediation settlement goes away.

I appreciate the response I have received from many residents. Every concerned resident should get a copy of the mediated agreement and read it for themselves. Make your own decision on it - to me, it seems fair and reasonable.

Bill Lambert is Moscow City Council president.