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Developer withdrew request for Othello water

by Candice Boutilier<br>Herald Staff Writer
| October 3, 2006 9:00 PM

Exchange for rights would take longer than anticipated

OTHELLO — A proposed swap of Othello city water for developer Keith Graham's water rights application was canceled.

Graham withdrew his request the day after the Othello City Council decided to table the issue in order to learn more about the process, Council Member Eleanor Brodahl said.

A representative from the Department of Ecology came before the Othello city council Monday to answer questions about water rights. DOE representative Kevin Brown said any change to the application, including switching from a private party to city, would restart the entire process.

The council is concerned about obtaining water rights from a land developer in exchange for providing city water to a golf course expansion and a 350-home development outside of the city. Council agreed to delay a decision until more information could be gathered from the DOE.

Brown explained the process of obtaining water rights and possible areas where the process could be delayed.

First an application must be submitted to the DOE, Brown said. In order for the DOE to approve the application, four pieces of criteria must be met.

The first piece is whether or not there is enough water available. Beneficial use is the second criteria. The third criteria is it has to be in the public's best interest. The final piece is the permit cannot impair any existing rights.

If one or more of the criteria is not met, the application can be denied or modified, he said.

If the application process passes all four pieces of criteria, a permit is issued. The permit is authorization for construction of a well system.

The final step in the process is to obtain the certificate of water right. This is issued once the structure is completed and put to use, he said.

There are several factors that could put a halt to Othello gaining water rights or allowing developers to gain water rights.

The area Othello is concerned with is classified as a 508-14, which means it might be difficult constructing new wells in the area because there could be a debate with the federal Bureau of Reclamation over who owns the water, Brown said. There may also be confusion over the source of the water. It must be decided whether or not the water is naturally occurring or artificial. Those issues must be resolved before the process can move forward, he said.

The DOE is not the only place involved in the application process. The bureau and the Department of Health also have a part in the process, he added.

He informed the council the application only gives them a place in line among the many others who apply for a permit. He also added that if any modifications are made to the application, it starts all over again at the end of the line.

If the process involves switching who owns the water right, the process is not as complicated, Brown said. There is some paper work that must be filed to change ownership on the final water right. If there are any modifications made during the application process, it starts over.