Water ruling may cost Portlanders big-time
Posted by The Oregonian November 06, 2007 11:59AM
Categories: Breaking News

Portland's already high water and sewer bills may rise much more, after the city lost an appeal to the U.S. Court of Appeals for Washington, D.C., today.

The ruling basically forces Portland to build at least one new water-treatment system in the coming years, and maybe to cover its reservoirs.

The exact plans, cost and timetable to comply with the law aren't clear now. But Commissioner Randy Leonard, who oversees the Water Bureau, said it will cost "a lot" to make the needed improvements. That could mean significantly higher water rates, he said, though "we'll try to be very creative...to minimize that impact."

Portland and New York, which both have open reservoirs, were challenging a U.S. Environmental Protection Agency rule that says cities must try to eliminate the cryptosporidium parasite from their water supplies. That parasite can seriously sicken people with weak immune systems, but has never been found at high levels in Portland's drinking water.

The EPA said cities like New York and Portland must either treat water at the source for the parasite and cover their reservoirs or treat the water after it leaves the uncovered reservoirs. City officials have estimated that work could cost Portland $150 million to $325 million.

The cities argued that the EPA's ruling was flawed because it didn't sufficiently study the costs and benefits of their rule, use the best science in forming the rule or respond adequately to public comments. But the court ruled those arguments "are all either inaccurate, irrelevant or both."

The ruling noted that a law passed by Congress requires the EPA to try to eliminate all cryptosporidium from water systems, if possible, regardless of the costs or health risks posed by small amounts of the parasite.
An appeal to the Supreme Court looks unlikely, Leonard said: There's no guarantee the court would even take the case. And the appeals court's ruling was fairly stern and clear in smacking the city's arguments down.

- Andy Dworkin