BULL RUN CONDUIT & LUSTED ROAD PIPELINE WATER SERVICE POLICY
Administrative Rule Adopted by Water Bureau Pursuant to Rule-Making Authority
The objective of the Bull Run Conduit & Lusted Road Pipeline Water Service Policy is to provide the property owners and public water systems in the vicinity of the Bull Run conduits and the S. E. Lusted Road pipeline with a description of the Bureau's requirements related to the use and addition of potable water services to the Portland water system.
This policy shall apply to the area along the Bull Run conduits located between the Bull Run Headworks and the Powell Butte Reservoir and the S. E. Lusted pipeline located along the conduit right-of-way upstream of the Bureau's Lusted Hill Treatment Facility located at 6704 S.E. Cottrell Road.
The Water Bureau has been utilizing the Bull Run Watershed to supply water to Portland since the 1890's. This required construction of conduits to convey the water from the Bull Run to facilities in the city. In order to facilitate the construction of the conduits, the Bureau provided water services to certain landowners in exchange for land easements and conduit right-of-ways. The Bureau continued to provide additional single water services along the conduit routes until October 1974, when Bureau manager Bob Hyle developed a policy on new or additional connection to the conduits, which required all individual water services to dwellings existing as of October 30, 1974 and all new developments requesting water service, form water districts per the Oregon Revised Statutes. These policies were concurred with by then Commissioner Frank Ivancie and are reaffirmed at this time.
In November 1980, the Bureau sent a letter to all properties receiving service from the Bull Run conduits, prohibiting extension of water services to properties other than the original property listed as being served by the Bureau. The extension of services from one property to another is commonly referred to as a "spider service" and is prohibited. Also, in memorandum dated November 6, 1980, Paul Norseth, Bureau Chief Engineer, clarified the need for County Boundary Commission approval for water service provision outside of established water service boundaries.
In 1991, with the implementation of U.S.E.P.A. surface water treatment regulations, the Bureau constructed a new water distribution pipeline in S.E. Lusted Road. In accordance with the requirements of Clackamas County at the time, the pipe was sized to meet the water needs of existing customers and a small amount of additional capacity for some growth.
Over the last 30 years there have been requests for additional service from the area around the conduits and in the vicinity of the S.E. Lusted Road pipeline. The reasons are many for such requests, a few of which include reductions in local water table levels resulting in wells going dry, site conditions involving separation requirements for septic tank drain fields and potable wells and the basic need for potable water in order to develop a specific area.
1. There will be no new private service connections to the conduits between the Bull Run Headworks and the Powell Butte Reservoir. This is necessary to meet existing U.S.E.P.A. regulations.
2. There will be no additional individual private water service connections to the S.E. Lusted Road pipeline. Abandoned or formerly active services that have been deactivated or taken out of service (killed) are not eligible for reactivation.
3. There may be additional public water system connections or additional individual private water service connections within existing public water systems connected to the S.E. Lusted Road pipeline or the Bull Run conduits downstream of the Lusted Hill treatment facility based on meeting all of the following criteria:
a. The water system is recognized as a public water system per Oregon Administrative Rules, Chapter 333.
b. The public water system holds a valid water supply agreement with the Bureau for the provision of water service and the public water system remains in conformance with all applicable terms and conditions of said agreement.
c. The public water system will have system storage of a total volume equivalent to three days average demand of the public water system.
d. The Bureau determines capacity is available in the S.E. Lusted Road pipeline and proposed additional demand will not compromise the Bureau to fully meet its existing obligations to existing customers or otherwise limit the reliability of the water supply system.
e. The Bureau determines that the requested volume of water is available for sale from the Bureau at agreed to flow rates and pressures.
f. The requested service has received all required governmental approvals, including approval from Clackamas County.
4. There will be no new spider services (one property providing water service by extending its service to another property). This continues an existing policy.
5. It is the Bureau's clear intention to have any existing spider service replaced over time with service from a public water supply whenever possible. The cost of such replacement shall be the responsibility of the property owner requesting a change associated with the water service.
6. With concurrence of the appropriate jurisdictional authorities, property with an existing spider service may be modified without replacing the spider service if the following criteria are met:
a. There is a written agreement between the Bureau and the property owner with the following stipulations:
1). No increase in water demand will occur as a result of the modification.
2). Assurance that the spider service will be replaced at the earliest date possible.
3). Deposit of connection charges in an escrow account, including funds equivalent to the current Bureau system development charges, to assure connection to a public water supply when established in the vicinity of said property.
Filed for inclusion in PPD October 20, 2004.
Document signed by Chief Engineer and Bureau Administrator October 14, 2004.