Does Shelter Bay have water supplier options?

The Shelter Bay board of directors would not discuss with its community its exploration of ending its water supply contract with the Town of La Conner to switch to the Swinomish Indian Tribal Community, said Gary Ladd, facilitating the evening as a member of the board of directors at the Shelter Bay town hall meeting Oct. 22. But can the Shelter Bay board break the agreement with the Town?

The 2011 agreement between them states: “This contract shall remain in force in perpetuity or until such date as the parties hereto shall mutually agree to terminate it.”

Last week La Conner Town Administrator Scott Thomas emphasized, in an email to the Weekly News: “Look at paragraph 11. That provision was demanded by Shelter Bay during negotiation of the agreement.” Mayor Ramon Hayes responded, also: “That is exactly right. The language of paragraph 11 was insisted upon by Shelter Bay.”

Breaking the agreement was broached with the Town at the start of 2018. That January Shelter Bay’s facilities committee made a presentation on updating that community’s water system to over 50 residents. Hayes attended at their invitation.

Committee member John Koch’s presentation emphasized that the community’s infrastructure does not have fire flow capacity. Fire flow, the ability of a water system to provide a quantity of water for fire-protection purposes in a 30-minute period, in excess of that required for other purposes, is a central concern for Shelter Bay.

Both parties agree that Shelter Bay’s water infrastructure is inadequate. La Conner’s position is it provides the quantity needed for fire flow and Shelter Bay’s infrastructure needs upgrading.

Point one of the 2011 agreement states “This Agreement does not address Customer’s need for fire flow protection.” In defining conditions, the Agreement states Shelter Bay “is responsible for all of the system downstream of the six inch meter,” where Shelter Bay’s system begins.

Throughout winter 2018 La Conner’s town council was kept abreast of communications between the two parties that continued into April.

A Feb. 22, 2018 memorandum from Board of Directors President Anne Hays to the “confirm(ed) my understanding of the take-aways from the meeting” with Town staff. Her second and third points sought clarification on receiving Town water and payment of costs on the water main replacement. Hays inquiry also stated payments would cover “the actual years it remains on the system, estimated to be between three and five years.”

Hays told the Weekly News that Shelter Bay’s March 2 response to the Town “stated the community is talking with the Swinomish Tribe to provide water from their system, which is much closer to the Community and can tie into our system at a higher location to deliver domestic pressure and flows, as well as, fire flows to the entire community.”

She told the Weekly News “We want to give as much notice as possible when we will switch water supply from the Town to the Tribe, once that determination has been made by the Board of Directors – with the Community’s input. We have given assurances to the town that if and when we have a memorandum of understanding with Tribe, we will notify the Town, and further that we commit to giving at least a year’s notice, if when a date to switch purveyors is determined.”

Shelter Bay’s 2018 position was that their need for fire flow allows them to break the agreement.

Point 10 of the agreement, “Disputes,” states “In the event of any dispute under this Agreement which results in litigation, the prevailing party shall have the right to collect court costs and attorney fees from the losing party. This Agreement and all disputes arising there under shall be governed by the laws of the state of Washington.”