"Government officials, developer negotiate water rights"

From today's Lewiston Tribune:

Representatives of the Hawkins Companies, the Washington Department of Ecology and the cities of Moscow and Colton continued mediation talks in Spokane late Tuesday night over disputed water rights transfers.

Moscow City Councilor Wayne Krauss, reached by cell phone at around 9:30 p.m., said the talks were still in session. All participants, Krauss added, signed a confidentiality paper when the talks began in the morning and he declined further comment about the negotiations.

Krauss said he expected the talks to end late Tuesday night and members of the Moscow City Council might discuss the outcome during an executive session Monday.

Hawkins has proposed building a 700,000-square-foot shopping center adjacent to the Moscow city limits just over the state line in Whitman County. The development company secured water rights transfers for the development, then Moscow Mayor Nancy Chaney, with council approval, appealed the transfers.

Hawkins representatives have said they need the water rights before drilling their own wells. Moscow had refused to offer water and sewer service to the development.

The city of Colton got involved when officials there agreed to swap water rights with Hawkins before Chaney's appeal brought the transfer to a halt. The appeals, said Colton developers, have brought a halt to construction in their town.

Several people, including a pro-development citizens group in Whitman County, have called on members of Moscow's new city council to rescind the appeals and let Hawkins start construction. The appeals remain scheduled for hearings later this spring. The mediation gathering was organized recently in hope of finding a quicker resolution.

In the meantime, the three Whitman County commissioners indicated they may make a decision by Monday whether to issue $10.5 million worth of bonds to build infrastructure, including water service, for the Hawkins development. The commissioners have championed the Hawkins shopping center and criticized Moscow officials for jumping over a state line to take legal action.

Chaney said her appeals were filed because of concern for the region's groundwater. Critics continue to say the mayor and members of the former city council in Moscow really want to stop retail development in the Moscow-Pullman corridor. The Whitman County commissioners have all gone on record that they hope the Hawkins development will be the start of even more retail development throughout the eight-mile corridor.

As planned, the Hawkins shopping center would be anchored by a Lowe's home improvement center and could include other big-box retail stores.

"Residents voice support for Hawkins proposal"

From today's Moscow-Pullman Daily News:

Residents, county officials mostly in favor of selling bonds to pay for public infrastructure at site of proposed development

Whitman County commissioners heard mostly positive comments from about 30 residents and county officials who gathered Monday to discuss whether the county should pay to provide public infrastructure at the site of a proposed development just across the border from Idaho.

Boise-based Hawkins Companies has asked the county to sell $10.5 million in bonds that would be used to pay for public infrastructure for Hawkins' proposed 700,000-square-foot shopping development in the Pullman-Moscow corridor.

Hawkins also has requested that the county enter into a public-private partnership in constructing public infrastructure - such as a new water system, roads, sidewalks, and a sewer system - for the site west of Moscow. The partnership essentially would amount to Hawkins being responsible for the construction of public infrastructure and Whitman County agreeing to purchase it back at a predetermined price.

The complete details of the proposed partnership have yet to be decided, but once the bonds are repaid the county would own the infrastructure and water rights Hawkins has been battling to secure. Hawkins would have to pay the county monthly utility fees for the services, in addition to property taxes.

Commissioners wanted to use the 30-minute meeting to give the public a chance to weigh in on the controversial development and the bonds required to provide the public infrastructure, even though the commissioners have the final say in the decision.

"All of us commissioners, knowing how big this issue is, have been really interested in hearing comments from people, both positive and negative," Commissioner Michael Largent said during the meeting. "The more we can hear from the people we represent the better."

Members of the Pullman-based group Businesses and Residents for Economic Opportunity used the meeting to show their support for the development.

April Coggins, BREO co-chairwoman and a Pullman businesswoman, said she welcomes the development and that a decision to approve the bonds would benefit the county for many years to come. It also would provide infrastructure for future developments that would follow Hawkins, she said.

"I am really excited about Hawkins (Companies) developing in the corridor ... if we approve this bond future generations will benefit."

BREO member Tom Forbes said the development would just be an extension of the shopping centers that already exist on the Idaho side of the border and would not cause clutter or too much traffic congestion, as some of the development's opponents have suggested.

"Many opponents of this - especially those in Moscow - are referring to this as the sprawl mall and nothing could be further from the truth," Forbes said. "It's reasonable growth and smart development and I am very much in support of it."

Forbes also expressed hope that a new City Council in Moscow will alter the city's approach to the development.

"It is our hope that we can once again work cooperatively with the city of Moscow to everyone's benefit versus the contentious relationship we've had for the last couple of years," he said.

Not all comments were favorable. Colfax resident Bob Schultz said he's not so sure about selling bonds to cover expenses that should be incurred by Hawkins rather than the county.

"It almost sounds like they got in over their head in a down market and they are asking the citizens of Whitman County to bail them out," Schultz said.

Commissioner Jerry Finch said in a "perfect world" Hawkins would pay for 100 percent of the costs, but because of unforeseen circumstances - like lengthy and costly appeals over water rights - the project's price tag has become much more than Hawkins anticipated.

In March, Hawkins applied for the rights to transfer 120 acre-feet, or 40 million gallons, of water to its proposed development in addition to exchanging 100 acre-feet of a 391-acre-feet water right to Colton for 23 acre-feet of water.

The Whitman County Water Conservancy Board approved the transfers in July, but the Washington State Department of Ecology reversed its decision to approve the transfer that involved a surface-water diversion from the South Fork of the Palouse River. Ecology approved the other transfers.

Hawkins and the city of Moscow filed separate appeals with Washington's Pollution Control Hearings Board in November following the Department of Ecology's decision. Hawkins appealed the denial of the surface-water diversion from the South Fork of the Palouse River, while Moscow appealed the three approved transfers.

Hearings for the appeals are set to begin in March.

Finch said Hawkins officials have hinted they may ax the development if a deal between the company and the county can't be reached.

"They've made it very clear that they're either going to have us as a partner, or I think they're going to walk," he said.

The time to move forward and make a decision is fast approaching, Finch said.

"We are working on the concept that if we aren't going to step up and be involved maybe we aren't deserving of it," Finch said.

Representatives from Hawkins and Moscow did not attend the meeting.

A second public meeting is scheduled for 2:30 p.m. Jan. 22 in the courthouse.

A final decision is expected to be reached Jan. 28.

"Whitman County commissioner says it's time for action on Hawkins plan; Private-public infrastructure partnership under consideration"

From today's Lewiston Tribune:

COLFAX - The proposed Hawkins Companies shopping center development adjacent to Moscow is not inevitable and the time has come for some tough decisions to be made, officials said here Monday.

"If we aren't willing to step up and be involved, maybe we don't deserve to have it," Whitman County Commissioner Jerry Finch said of the proposed 700,000-square-foot development.

Hawkins, a Boise-based company, last week asked the county to issue bonds to the tune of $10.4 million and enter into a private-public partnership for infrastructure construction, including water and sewer services for the development.

"I think in a perfect world, they should do this (pay for the infrastructure) 100 percent on their dime," Finch said during a public comment meeting on the proposal.

But Hawkins, said Finch, has been stymied by lost time and ballooning costs, much of it linked to Moscow officials who refused to provide water and sewer services, while mounting a legal challenge of Hawkins' attempts to secure its own water rights.

"I've been working with Hawkins people, along with my public works department, now for about three years," Finch said, "and we've finally got to the point where we either have to step up and move on, or we have to say, basically, we don't have an interest in you. Take your development ideas elsewhere."

About a dozen people attended the meeting. Several spoke out in favor of the development. No one spoke against it, but a few people questioned the need for taxpayers to help fund a private business venture.

"The board of commissioners can do this bond on their own authority, I'm told," Commission Chairman Michael Largent said. "However, since it's such a large issue we wanted to give people an opportunity to comment about how they felt about this project."

No Moscow officials attended. But Tom Forbes, spokesman for a group called Businesses and Residents for Economic Opportunity, called for introspection on the part of Moscow mayor and councilors. "It is our hope that we can once again work cooperatively with the city of Moscow to everyone's benefit," Forbes said, "versus the contentious relationship we've had for the last couple of years."

Moscow's water and sewer lines abut the Hawkins acreage. And a majority of members on the new Moscow City Council said last week they'd be open to renewed talks with Hawkins and Whitman County.

Finch has said the Hawkins shopping center would mark the beginning of stepped-up retail development within the Moscow-Pullman corridor.

Gary Kopf, whose family owns several hundred acres within the corridor and has already developed some property, said he favors infrastructure, perhaps coming from both Moscow and Pullman. Several people agreed that would make more sense than forcing each new business to build its own water and sewer system.

Moscow Mayor Nancy Chaney, who appealed Hawkins' water rights, reiterated last week her intentions are to ensure the entire region's water supply, not stop retail development.

Barring Moscow dropping its appeals and becoming part of the shopping center development, Hawkins will apparently need the county's help, Largent said. "We're not going to make public investments until those water rights are secured."

The appeals aren't scheduled to be heard until later this spring. Moscow has requested mediation. Whitman County has requested an expedited appeal process. Jeff De Voe, spokesman for Hawkins, said last week that the company hopes to begin construction this year.

"They've invested quite a bit of money," Largent said of Hawkins. "I believe the issue they have with water rights transfer ... has increased the development costs to such a point that they're asking for a public-private partnership to keep this project a reality."

While specifics of the partnership are still unclear, once the bonds are paid off the county would own the infrastructure, including the water rights, the three commissioners agreed. The company would have to pay the county monthly utility fees for the services.

"They've made it very clear that they're either going to have us as a partner, or I think they're going to walk," Finch said.

Commissioner Greg Partch said public-private agreements, such as the Hawkins infrastructure proposal, are common throughout Washington when trying to attract larger businesses. But several at the meeting agreed Moscow officials caused most of the problems.

"This has been ongoing since the fall of 2005. And it's now over two years later that Hawkins has got to this point," Forbes said, "and I think it's fair to say ... that we would probably be a lot further along in a regulatory permitting process if not for the series of appeals filed by Moscow."

A second public comment meeting will be conducted here today at 2:30 p.m. in county commission chambers. Hawkins Companies representatives are expected to attend.

"Developing Story - Public comment mostly favorable on Whitman bond plan for corridor development"

From the Moscow-Pullman Daily News website:

Whitman County commissioners heard mostly positive comments from about 30 residents and county officials regarding a proposal that would involve the county selling $10.5 million worth of bonds to pay for public infrastructure for Hawkins Companies' proposed 700,000-square-foot shopping development in the Pullman-Moscow Corridor.

Commissioners wanted to use the 30-minute meeting to give the public a chance to weigh in on the controversial development and the bonds required to provide public infrastructure that would include a new water system, roads, sidewalks, and a sewer system.

Members of the Businesses and Residents for Economic Opportunity used the meeting to show support for the development proposed just west of the Idaho border on the Pullman-Moscow Highway.

April Coggins, BREO co-chairwoman and a Pullman businesswoman, said she welcomed the development and that a decision to approve the bonds would benefit the county for many years to come and would provide infrastructure for future developments that would follow Hawkins.

“I am really excited about Hawkins Company developing in the corridor,” Coggins said. “In 10 to 20 years if we approve this bond future generations will benefit.”

Not all comments were favorable. Bob Schultz, a Colfax resident, was not so sure about the selling bonds to cover expenses that should be incurred by Hawkins rather than the county.

“It almost sounds like they got in over their head in a down market and they are asking the citizens of Whitman County to bail them out,” Schultz said.

A second public meeting is scheduled for 2:30 p.m., Jan. 22 in the courthouse.

A final decision is expected to be reached on Jan. 28.

I'll withhold judgment until I see the whole article, but as I reported earlier, Commissioner Largent asked if ANYONE present had any negative comments about the project as propsed as stated and not ONE person raised their hand. So that would be "Public comment completely favorable" versus "mostly."

Whitman County Commissioners Take Public Comment on Hawkins Bond Proposal

Commissioners Partch, Finch, and Largent listen to public comment
Just got back from the Whitman County Commissioners meeting in Colfax. I was there, along with fellow BREO members Russ and April Coggins, to express support for the proposed Hawkins development infrastructure bond.

Nothing extremely earth-shattering was divulged, although it was interesting to hear that the the water rights Hakwins receives will be turned over to the county as part of this deal. That has not been reported previously. Ed Schultz, chairman of the Whitman County Water Conservancy Board, stated that this would necessitate another formal transfer approval process.


Whitman County residents give comments to the commissioners; Whitman County Public Works Director Mark Storey is in the doorway.
No one present was in opposition to the project, but some citizens had some probing questions such as: Was the meeting legal?; Would this set a precedent for all future development?; Why didn't all developers get this help from the county?; etc., etc.

Commissioner Jerry Finch said that in a perfect world, Hawkins would pay for the infrastructure all on their own, but the time has come that if the county doesn't partner with Hawkins on this, they will walk. April and others pointed out that the infrastructure is a valuable investment in the county's future, as it can be used for future development in the corridor. If Hawkins owned it, it couldn't be. A developer from Pasco, who owns land in the corridor and was on hand to voice his support, said this kind of public/private partnership is becoming more and more common.

I was glad to see that Paul Kimmell of the Greater Moscow Alliance was on hand. I made a comment to the effect that hopefully his presence at the meeting was indicative of future cooperation between our two governments. Paul, who works for Avista, is no longer executive director of the Moscow Chamber of Commerce of course, but he was instrumental in getting at least one of the new Moscow City Council members elected and I'm sure one reason he was there was to report back to them.

If Moscow drops its water rights transfer appeals and extends water service to the Hakwins development, its a win-win for everyone. Whitman County wins by getting a piece of the Palouse sales tax pie and Moscow wins by also getting a piece of the action (a little of something is far better than a whole lot of nothing), as well as benefitting from spillover business attracted to the new mall, including Lowe's, which would be a new store for the Quad Cities.

Much more later. Rory Curtiss of KMAX, Evan Ellis of KQQQ, Devin Rokyta of the Moscow-Pullman Daily News, Joe Smillie of the Whitman County Gazette, and David Johnson of the Lewiston Tribune were all on hand, so expect this to be well covered in the media.


Daily News reporter Devin Rokyta in the foreground; Gazette reporter Joe Smillie is visible over his left shoulder in the far back of the room; Paul Kimmell (wearing glasses) is on the extreme right, with David Johnson of the Tribune barely visible to his left.

PRESS RELEASE: WHITMAN COUNTY CITIZENS GROUP SUPPORTS BOND MEASURE FOR HAWKINS INFRASTRUCTURE

FOR IMMEDIATE RELEASE

CONTACT:
April Coggins
Businesses & Residents for Economic Opportunity (BREO)
breo@adelphia.net
http://www.letsgrowpullman.com

WHITMAN COUNTY CITIZENS GROUP SUPPORTS BOND MEASURE FOR HAWKINS INFRASTRUCTURE

PULLMAN, WA, January 11, 2008 – A group of Whitman County business owners and residents has endorsed a proposed 30-year, $10.5 million bond issue to provide infrastructure to the 700,000 square foot retail project being developed by the Hawkins Companies of Boise.

Businesses & Residents for Economic Opportunity (BREO), a grassroots group that advocates economic development in Whitman County, believes that the Hawkins project is vital to the future of the county. “Our answer to a growing demand for retail services in Whitman County cannot continue to be ‘Go shop in Moscow, Lewiston, Clarkston, or Spokane instead,’” said April Coggins, BREO co-chair and a Pullman businesswoman. Coggins referred to a 2006 study for the Moscow Chamber of Commerce conducted by University of Idaho economist Steven Peterson. Peterson found that Whitman County had a net retail sales leakage of $158.4 million for 2004 ($95.5 million from Pullman and $62.9 million from Rural Whitman County) to neighboring cities.

BREO contends that, in addition to costing jobs and opportunity, lack of retail takes precious tax dollars away from financially struggling Whitman County. “Voters no doubt remember recently raising the sales tax to cover expenses for the county jail and emergency communications,” continued Coggins, “I’m sure folks most would agree that funding vital services through new business growth is preferable to increasing taxes.”

BREO is urging citizens to make comments in support of the bond proposal Monday, January 14, from 1:30 PM to 2:00 PM during the county commission meeting at the Public Service Building auditorium, N. 310 Main Street, Colfax, and again at the meeting on Tuesday, January 22. When the infrastructure bond is paid off, Hawkins conservatively estimates its development will contribute approximately $1.8 million a year in sales and tax property taxes to the county. Coggins stated, “That is money that can be used to help every town in Whitman County, from Hooper to Palouse and from Rosalia to Uniontown.”

Coggins called again for the City of Moscow to drop the appeals it has filed with the Washington Pollution Control Hearing Board regarding water rights transfers sought by Hawkins. “It’s clear Moscow’s appeals are not about water but about keeping out particular kinds of businesses,” concluded Coggins. “That attitude was rejected by Moscow voters in November and it is our hope that the new Moscow City Council will see things differently and seek to cooperate with their neighbors.” BREO has started a petition it plans to deliver to the Moscow City Council at http://www.ipetitions.com/petition/breo/.

ABOUT BUSINESSES & RESIDENTS FOR ECONOMIC OPPORTUNITY (BREO) - BREO was formed in October 2005 to support free enterprise, business growth and healthy competition in Whitman County, Washington.
- END -

"Moscow may agree to hook up services for shopping center; Council shift changes outlook for proposed Hawkins development"

This is why last November's Moscow City Council election was so important; not just to Moscow but to Pullman as well. But we need to keep up the pressure to make this happen.

And this certainly proves Moscow's water rights appeals have NOTHING to do with business, as the pro-business councilmen in Moscow realize the Hawkins development would be a good thing for Moscow as well as Whitman County.

From today's Lewiston Tribune:

MOSCOW - Politics here may have shifted enough after the November election to trigger talks about the city providing water and sewer services across the state line for the proposed Hawkins Co. shopping center.

A majority of Moscow city councilors, Whitman County commissioners and a spokesman for Hawkins told the Lewiston Tribune there's renewed potential for cooperation.

This despite Moscow's continued legal challenge of Hawkins' attempts to secure water rights to drill its own wells for the 700,000-square-foot shopping mall.

The situation comes as the first of two public comment meetings has been scheduled in Colfax on Monday. The county commissioners will take comments, beginning at 1:30 p.m., regarding Hawkins' recent request for Whitman County to float revenue bonds of more than $10 million to help fund infrastructure (including water and sewer) for the development.

A Whitman County pro-business citizens group, meanwhile, Friday endorsed the proposed bond issue and called on Moscow officials to drop their water rights appeal against Hawkins.

"It's clear Moscow's appeals are not about water but about keeping out particular kinds of businesses," April Coggins, spokeswoman for Businesses and Residents for Economic Opportunity wrote in a news release. "That attitude was rejected by Moscow voters in November and it is our hope that the new Moscow city council will see things differently and seek to cooperate with their neighbors."

Moscow's waterlines extend right up to the Hawkins property, and the sewage treatment plant is located nearby.

"Hawkins is always open to talking to the city of Moscow," said Jeff De Voe, project manager for the proposed shopping center. He declined further comment because of the pending legal appeal.

It remains unclear how much money Moscow might make (through fees) or Hawkins might save if the two entities can reach an agreement about water and sewer services. But City Attorney Randy Fife and Public Works Director Les McDonald confirmed that a hookup of services is both legal and technically possible.

Whitman County Commissioners Jerry Finch and Greg Partch, who continue to champion the Hawkins project as the beginning of retail development between here and Pullman, said it's time for Moscow to either join ranks or get out of the way.

"Moscow didn't say no, they said hell no," Finch said about the city's refusal to cooperate with development of the mall. "Before the election, it's pretty obvious the door had been slammed."

Three new Moscow councilors were elected in November and appear to have become part of a five-member, pro-business majority. The three, Walter Steed, Dan Carscallen and Wayne Krauss, along with council President Bill Lambert, all said they are willing to talk with Hawkins and Whitman County officials about water and sewer services. Councilor John Weber couldn't be reached for comment, but indicated in the past he favors cooperation.

Only Councilor Tom Lamar, who has gone on record opposing retail development in the corridor, balked at renewed talks. "I think the best way for Hawkins to tap into our sewer and water is to locate in Moscow," Lamar said.

Moscow Mayor Nancy Chaney, who's been accused of spearheading efforts to thwart the Hawkins project, said her intentions are rooted in environmental and groundwater concerns. That was confirmed by McDonald. "The mayor's driving concern," he said, "is the water resource that the whole region relies upon.

"Moscow has always been open to talking," said Chaney, adding that the table for such discussion has already been set through the water rights appeal. She said the city has proposed mediation as a means of settling the issue.

But Partch said talks, if they happen, shouldn't happen in a legal arena. Withdrawal of the appeal, he said, would be the best way for Moscow to show good faith. "That would be a huge gesture on their part," he said, "and we would certainly like to work with them."

The water rights appeal hearings are scheduled to begin in March.

"You can't build without water," Finch said, adding that many people think Chaney is simply using the water issue as the only legal lever available to stop retail development in the corridor. "She's the one who seems to be dead set against it."

A shopping center, said Finch and Partch, is not necessarily a big water consumer. But it would surely be a big revenue producer for the county.

According to county records, the undeveloped Hawkins acreage, which abuts the Moscow city limits and the Washington-Idaho state line, currently generates about $1,400 in annual tax revenue. If the mall is developed to full capacity, it could produce nearly $1.8 million in annual property and sales taxes for the county, De Voe told the commissioners when making his pitch for the $10 million in infrastructure bonds.

While Moscow couldn't directly tap into those tax dollars, councilors here said the city might be able to negotiate a fee for water and sewer services that translates into a profit.

"If it's going to happen and we can sell them something," Lambert said, "why not?"

"I'm very anxious to get together with entities across the border," said Krauss.

"I would be interested in talking about the possibility of extending services to Hawkins," Steed said.

"I think that I would," Carscallen said about talking. Whether Hawkins connects to Moscow or drills its own wells, he said, doesn't seem to make a lot of difference. "They're going to get it out of the same tub we're getting ours."

Researchers have said the underground aquifers on the Palouse have been steadily dropping. But, lacking data about just how much water is available, the same scientists have said a water management challenge is at hand, not a crisis.

Finch suggested its up to Moscow officials, since they've filed the appeal against Hawkins, to propose new talks. "If they send us a letter, I would find it more receptive," he said.

But Lambert said the catalyst for talks might have to come from elsewhere. "I don't see why it would hurt for these people to approach us. Somebody has to generate it, but it wouldn't be something generated by the council, per se."

Moscow City Supervisor Gary Riedner said the city might reach out. "I will do what we can to facilitate it at the mayor's direction."

"I know lots of people are talking about talking," Fife said.

De Voe, meanwhile, told Whitman County officials that his company wants to begin construction this summer. As proposed, the shopping complex would be anchored by a Lowe's home improvement center.

"A project to watch in 2008"

Gordon Forgey, publisher of the Whitman County Gazette, had another great editorial on the Hawkins development. Forgey stated:

Despite the advantages of the project to the county and the intrusion of Moscow into its progress, the issue has not attracted the attention of many county residents. Municipalities, business groups and independent citizens have not actively supported the county in this regard. Even the groups so vocal in other land use issues have not made a public stand in support of the county and its efforts.

Gordon was obviously referring to those in the county who were so outspoken in their opposition to the rural residential housing ordinance passed last year. Yes, I see the intrinsic hypocrisy of county commissioners saying they didn't want Whitman County to become like Latah County and then working strongly to bring in a shopping development bigger than the Palouse Mall. However, let's not allow petty political bickering amongst ourselves and poking the commissioners in the eye to distract us from our main enemy: Queen Nancy. With apologies to Gordon, Moscow's opposition to the Hawkins development has nothing to do with business and everything to do with Nancy Chaney's leftist ideals. Chaney's ally, outgoing city councilman Aaron Ament admitted as much in a sour grapes interview published Wednesday in the Lewiston Tribune. Ament said about social engineering, "That's what government is. To me, civilization is about making life livable for more and more and more people. If government is not working to make people's lives more livable, then we don't need government."

There is one group in Whitman County that very strongly supports the Hawkins development: Businesses & Resident for Economic Opportunity. If you would like to join us, click here.

You can also help by signing the online petition here asking Moscow to butt out and having your friends do so as well. It is BREO's goal to gather a 1000 or more signatures, and then deliver the petition to the Moscow City Council. After last November's election, it is certainly possible that the new council members may take a dim view of interfering with their neighbor's growth and development. There is considerable reason for optimism. The alternative is to wait until the Pollution Control Hearings Board hearings scheduled for June 2-6, another 5-10 months after that for the decision to be reached, and a possible court battle beyond that. GET INVOLVED NOW!!

From the December 27, 2007 issue of the Whitman County Gazette:

Whitman County has been working to secure development on the Pullman/ Moscow corridor. The effort has been both aggressive and professional. Even so, the process is being appealed by the city of Moscow, Idaho, ostensibly to protect the environment. Actually Moscow wants to protect its business and its dominance on the Palouse as a retail center.

Development along the corridor may ultimately be stalled because of Moscow’s interference.

Specifically, Moscow is appealing water rights allocated to the Hawkins Group development which will include a Lowe’s building supply store.

Growth along the corridor on the Whitman County side of the state line could generate important opportunities for the entire county. Tax revenues would increase, taking the county out of its hand-to-mouth existence. New employment would be available. A successful retail center there could lead to more growth.

Water rights are just part of the issue. Sovereignty is as important. Adjoining states, adjoining counties and adjoining cities need to cooperate on mutual issues and shared problems. As it stands, cooperation is seriously lacking. Moscow wants to control the destiny of the Palouse, even to the detriment of its neighbors. Moscow’s effort to stifle the development even affects growth potential in Colton, a participant in the complex exchange of water rights necessary for the development to succeed.

Some of the setbacks and problems encountered by the county were to be expected. No such developments are without difficulties. However, the complications created by Moscow are without justification.

The Hawkins development, the snags encountered and the benefits to the county and its residents have been well covered over the past couple of years. Despite the advantages of the project to the county and the intrusion of Moscow into its progress, the issue has not attracted the attention of many county residents. Municipalities, business groups and independent citizens have not actively supported the county in this regard. Even the groups so vocal in other land use issues have not made a public stand in support of the county and its efforts.

A lot is at stake. Moscow, Idaho, should not be allowed to determine the future of Whitman County.

"A Call to Action for Whitman County"

Here is my column that appears in today's Whitman County Gazette (yes, I've been a busy boy):

It’s time we got mad.

Gordon Forgey, the publisher of this newspaper, has been pointing out for some time that Moscow is completely out of line in its interference with commercial development in the Pullman-Moscow corridor. We must act now to put a stop to this meddling by Moscow.

A recent study commissioned by the Moscow Chamber of Commerce found that Pullman had a net retail sales leakage of approximately $95.5 million in 2004. Rural Whitman County lost a net of $62.9 million in retail sales. Much of this escaped to Moscow.

This leakage has caused Whitman County to suffer financially for the last three decades. In the last two years, we have voted to raise the sales tax twice to fix the jail and emergency communications. And yet, the county has never once attempted to halt the massive retail development in Moscow along the state line.

The Hawkins Companies proposed 745,000 sq. ft. shopping mall in the corridor would be a huge financial boon to the county. The International Council on Shopping Centers says the national average of sales per square foot for regional malls is $341. That means the Hawkins project could generate some $254 million a year in sales. At a sales tax rate of .013, that would mean an extra $3.3 million for the county’s annual budget! This doesn’t include property tax revenues, which would be substantial.

As Gordon has accurately pointed out, this tax money will benefit every resident, even in the farthest reaches of Whitman County.

Moscow has opposed this development ostensibly over concerns about pollution and water supply. The city has now filed an official protest of Hawkins’ request to transfer four water rights. However, based on Moscow’s actions within its own borders, these objections ring hollow.

According to a notice published in the Gazette last week, the Environmental Protection Agency is proposing a penalty in the amount of $134,000 against Moscow for breaches of the Clean Water Act. The EPA found 950 violations between March 2002 and June 2006 of standards for phosphorus, dissolved oxygen, total residual chlorine and fecal coliform bacteria. The city avoided a $2.5 million fine by pleading guilty.

A couple of weeks ago, the Department of Ecology informed Whitman County residents that the South Fork of the Palouse River is an “impaired” waterway. In light of the EPA announcement, it’s not hard to figure out that much of the pollution is flowing into the river from Moscow via Paradise Creek. Now, thanks in part to Moscow, Whitman County residents could be faced with tighter new regulations that restrict private property rights.

Where is the similar concern over residential water usage? The Palouse Basin Aquifer Committee figures the average household with the average number of residents (2.35) uses approximately 111,500 gallons of water a year. Based on project descriptions, the PBAC estimates the Hawkins mall will use approximately 39 million gallons of water a year when fully built out.

Now let’s compare the numbers. Moscow added 236 new housing units in 2003, 249 in 2004, and 289 in 2005. Those numbers of new housing starts were higher than in all but one of the previous 33 years. Growth in Moscow over just a three-year period now withdraws from the aquifer at a rate over twice as much (86 million gallons) as the planned Hawkins development. And this unfettered growth continues. Just last week, the Moscow City Council approved construction of 27 new single-family homes.

This building frenzy no doubt explains why, according to the PBAC, Moscow exceeded the Ground Water Management Plan's voluntary 1% (of 1986-90 average) annual pumping increase target every year from 1992 to 2005. The 5-year moving average of annual pumping by Moscow over those 14 years missed the target by a combined 763 million gallons! Moscow’s sudden about-face on retail and support of “sustainable” development obviously has nothing to do with water conservation as long as new houses rapidly keep going up over there.

After a decade of hard work, we finally see development in the corridor. Now, our constitutional right to determine our own destiny is being trampled by outside interlopers. A government we did not elect wants to hold Whitman County to standards that it is either unwilling or unable to comply with itself. The county’s development standards are already very high. Moscow’s effort to impede and/or halt our necessary growth, without any logical, legal or scientific basis, seems like a smoke screen designed to cover a multitude of its own sins and protect its retail monopoly on the Palouse.

What can you do? Attend the Whitman County Water Conservancy Board meetings. Write a letter to the editor. Submit comments about Moscow’s water pollution to the EPA. Don’t shop in Moscow. You can’t vote in their elections, but you can vote with your wallet. And be sure to sign the Businesses & Residents for Economic Opportunity petition to the Moscow City Council at http://www.ipetitions.com/petition/breo/.

Whitman County Residents: Sign In to Keep Moscow Out

Below is my Town Crier II column from today's Moscow-Pullman Daily News. If you agree that Moscow should butt out of the corridor, please sign the Businesses & Residents for Economic Opportunity online petition to the Moscow City Council here

Time for a Good Neighbor Policy on the Palouse

FDR’s 1933 inaugural speech unveiled a “Good Neighbor” foreign policy, whereby no state had the right to intervene in the internal or external affairs of another.

By that standard, Whitman County has been a good neighbor to Moscow for many years.

For example, despite the fact that a recent study commissioned by the Moscow Chamber of Commerce found that Whitman County had a net retail sales leakage of $158.4 million in 2004, the county has never once attempted to halt commercial development in Moscow along the state line.

When Nancy Chaney proclaimed after her 2005 election, “Moscow is on a new path, and it is a green one,” who guessed that path would lead to Pullman-Moscow Highway in Whitman County?

In January, Moscow submitted State Environmental Policy Act comments alleging the relocation of James Toyota to the Pullman-Moscow corridor would pollute Paradise Creek. Following an abortive SEPA appeal last year, the city recently filed a protest of Hawkins Companies’ four water rights transfers for a retail development in the corridor. The city claims these transfers would reduce the area’s water supply and reduce flow for a planned well.

The Moscow representative at the Water Conservancy Board meeting was asked if Moscow could meet the same standards it is demanding. Whitman County and Washington’s land use/environmental regulations are certainly not lax. The sales leakage is proof of that.

The Environmental Protection Agency is proposing a penalty in the amount of $134,000 against Moscow for breaches of the Clean Water Act. The 950 violations found between March 2002 and June 2006 included phosphorus, dissolved oxygen, total residual chlorine and fecal coliform bacteria. The fine could have been as high as $2.5 million. Wastewater from Moscow’s treatment plant eventually flows into the South Fork of the Palouse River, which the Washington Department of Ecology recently concluded was an impaired waterway. Now, Whitman County is likely going to be penalized for the pollution that flowed over the border.

Lost in the debate over corridor development is residential water usage versus commercial usage. The Palouse Basin Aquifer Committee estimates that the average household with the average number of residents (2.35) uses approximately 111,500 gallons of water a year. About 236 new housing units were added in Moscow in 2003, 249 in 2004, and 289 in 2005. Those numbers were higher than in all but one of the previous 33 years.

Compare that with PBAC calculations that the Hawkins project will use around 39 million gallons of water a year when fully built out. Housing constructed in Moscow between 2003 and 2005 withdraws from the aquifer at a rate (86 million gallons/year) more than twice that of the planned shopping center. And housing growth continues unabated. Just last week, the Moscow City Council approved 27 new single-family homes.

This boom helps explain why, according to the PBAC, Moscow failed to meet the Ground Water Management Plan’s voluntary 1 percent (of 1986-90 average) annual pumping increase target every year from 1992 to 2005. The five-year moving average of annual pumping by Moscow over those 14 years missed the target by a combined 763 million gallons! In addition, Moscow exceeded the voluntary 125 percent (of 1981-85 average) pumping ceiling 50 percent of the time. Pullman, WSU, and the UI consistently fell well beneath all their pumping targets during that same period.

These facts make Moscow’s sudden commitment to water conservation hard to take seriously, as well as those who favor “sustainable, knowledge-based” industries in the corridor over retail. The employees and families of the Alturas Technology Park use more than twice as much water annually as a Wal-Mart Supercenter. There may be reasons to prefer high-tech companies to big-box stores, but let’s be honest; conserving water is not one of them.

The right of Whitman County residents to determine their own destiny is being hijacked by a government they did not elect. Moscow wants to hold the county to standards that it is unwilling or unable to enforce within city limits. Is it metastatic eco-communalism? Or is it simply a “we’ve got ours, now release the hounds” attitude? Whatever the case, it emphasizes the “ic” in the “symbiotic” relationship between the two communities.

There’s an old proverb that states, “Good fences make good neighbors;” especially those fences that keep out stray cows and meddling hypocrites.