On February 14, Federal District Court Judge Ann Aiken denied Central Oregon LandWatch’s and WaterWatch of Oregon’s request to stop the City of Bend from beginning construction on its controversial water pipeline project on Tumalo Creek.
LandWatch and WaterWatch had asked for an injunction to prevent work until the Judge makes a ruling on the merits of their lawsuit against the Forest Service permit for the project.
“LandWatch had sought the injunction in the hope of preventing any more waste of public money on the project before the Court decides whether the project is legal,” explained Paul Dewey, executive director of LandWatch.
“LandWatch and WaterWatch are very concerned about the impact of the project on streamflows and fish habitat in Tumalo Creek.” In a written statement to the Court, the City asked the judge to allow the pipeline work to go forward.
In statements, City staff claimed they were willing to take the risk that the pipe ultimately could not be used, and “that construction cost could be lost” if the Court ruled in favor of stopping the pipeline. Saying that the unusable pipe would then be considered a “stranded asset,” the City asserted that “the City understands the possible impact to the ratepayers.”
Former Mayor Allan Bruckner disagreed. He pointed out to the Court that the City Council, not staff, should make any decision on whether to risk so many millions of public dollars. Bruckner stated that “the decision to put at risk a substantial portion of the cost of a $23 million pipeline should be made by the City Council, not the City Manager.”
He added that the impact on ratepayers should be explained and that the public and ratepayers should be informed. Bruckner disagreed with the City’s choice to characterize building a possible pipeline to nowhere as a “stranded asset,” saying that the term should apply to something already used up, not a “brand new infrastructure system.”
“Bend has other less expensive options for its municipal water supply. The pipe is not necessary at this time,” said Bruckner. “We anticipate that the merits of the case will now be determined sometime this summer,” said Dewey. “Work will proceed only on laying the pipeline under Skyliners Road this winter and spring, into summer. No work in the upper section along Tumalo Creek would be allowed until the Court makes a final ruling on the case.”
