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May 12, 2005

Opponents speak out on water bill

By MEG LANDERS
Mail Tribune

When Medford Water Commission board member Lou Hannum found out a state representative had drafted a bill that would require the agency to deliver water to a rural subdivision, he said it didn’t make sense.

"What possible statewide interest is there?" asked the former Medford mayor and League of Oregon Cities president.

The commission during its Wednesday meeting asked Medford city staff to voice their displeasure over the bill to Rep. Sal Esquivel, R-Medford, who has vowed to oppose it.

"This violates the Oregon Constitution," John Huttl, interim city attorney, told the board.

Introduced by Rep. Dennis Richardson, R-Central Point, the bill would require the Water Commission to make its water treatment, transmission and distribution infrastructure available to residents of Westwood Subdivision, located off Ross Lane between Medford and Central Point — outside both cities’ urban growth boundary. The move came after urging from Trent Nistler, president of the Westwood Subdivision Water District, because some of the wells of the 1950s homes are drying up.

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But Huttl told the commission board that he didn’t think the Legislature had jurisdiction over the commission, as directed by the Oregon Constitution, Article XI, Section 2.

The section reads: "The Legislative Assembly shall not enact, amend or repeal any charter or act of incorporation for any municipality, city or town."

Commission board member Tom Hall said bringing in customers from outside the urban growth boundary is an issue that the voters, not the Legislature, should decide.

Following the meeting, City Manager Mike Dyal said he’s been in contact with Esquivel all week since he learned of the proposed bill Monday.

"He’s been working hard with the lobbyist to make sure this bill is turned back," said Dyal.

Reach reporter Meg Landers at 776-4481 or e-mail mlanders@mailtribune.com.




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