Cascade Water Alliance eminent domain bills held up in Olympia

Cascade Water Alliance has two eminent domain bills before the state Legislature, but it appears the issue will not be settled this year.

The bills are meant to help the water wholesaler build a pipeline from Lake Tapps to the eastside.

The Covington Water District is a member of Cascade and would likely use water from the Lake Tapps in the future.

Condemnation, or eminent domain, is a legal process that allows a government entity to take land for the greater public good. The governing body must pay fair market value to the owner, which may be decided by a judge or jury.

Eminent domain authority may be granted by the Legislature to businesses doing work that benefits the public. Puget Power has eminent domain powers.

Cascade is in the process of purchasing the lake from Puget Power, who has owned the lake for nearly 100 years. The utility used the lake as a reservoir for the White River hydroelectric plant. The utility decided to close the plant in 2003 due to the high cost of obtaining an operating license.

According to Rep. Chris Hurst, D-Greenwater, who represents the 31st District, the eminent domain measures have been stopped in the Senate.

“The bills will not be moved this year,” Hurst said. “We appreciate the fact Cascade Water Alliance is talking with everyone. But these bills will wait until the water permit is issued and all the negotiating is completed.”

The Department of Ecology is in the process of issuing a drinking water permit for the lake.

Hurst said he met with Sen. Lisa Brown, the majority leader, last week and requested the issue be held up until the permit and negotiating process has been completed.

“My job is to work with my constituents,” Hurst said. “This is not a hostile act (towards Cascade).”

Hurst said the relationship between the homeowners around the lake, the four cities, Buckley, Bonney Lake, Sumner and Auburn and Cascade is much better than in the past.

“When all parties are satisfied we will be happy to move the water north in a responsible manner to meet Cascade’s needs.”

Prior to this year, the bills were held up in the judiciary committee by Sen. Pam Roach, R-Auburn, from the 31st District.

“Pam did a good job in the last two years keeping it bottled up in judiciary,” Hurst said.

Hurst said he thought a deal for the lake that would satisfy the needs of Cascade, the cities and the recreation issues for the homeowners was “within our grasp.”

Cascade spokeswoman Elaine Kraft said by phone interview Tuesday she was not aware the bills were stopped.

“One passed out of the House and one is in the Senate,” Kraft said. “They are still alive as far as we know.”

Kraft said Cascade wants the power of eminent domain so, “property owners (can) receive the tax benefit from condemnation. It is an authority we will need to build our water supply.”

Kraft said there is plenty of time to deal with the issue in the Legislature. She said Cascade is in the “planning process and we are working closely with the homeowners and four cities surrounding the lake.”

According to Kraft, the Cascade expects to begin constructing the water pipeline in 2020.