Resolution No. 34 for 2023 - A Resolution to Pursue Potential Litigation Regarding Green Peter Reservoir

WHEREAS, the City of Sweet Home is known for its award winning water; and

WHEREAS, a judgment was passed by the United States District Court for the District of Oregon on the U.S. Army Corps of Engineers with the intent of improving fish passage at Green Peter Reservoir; and

WHEREAS, the U.S. Army Corps of Engineers was required to draw down the reservoir beginning in 2023; and

WHEREAS, the drawdown has had unintended consequences which have drastically impacted the ecosystems of Green Peter Reservoir and Foster Lake Reservoir, including the death of a substantial number of fish and other species; and

WHEREAS, the City of Sweet Home is spending increased hours and incurring additional unplanned expenses in order to keep the water within parameters for safe consumption according to the Oregon Health Authority (OHA); and

WHEREAS, the City of Sweet Home has relied upon its natural amenities as a key component of economic and community development; and

WHEREAS, the business community is experiencing revenue loss as a result of the drawdown and anticipates continued losses if the judgment stands; and

WHEREAS, the community and its leaders have expressed deep concern regarding the present situation; and

WHEREAS, the City Council of Sweet Home has already declared a continuous commitment to water quality through the adoption of Resolution No. 33 for 2023; and

WHEREAS, the Mayor, City Council, and City Manager have determined a desire to move forward with potential litigation to cease drawdown operations;

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Sweet Home:

Section 1. The City of Sweet Home will pursue litigation options to remedy the impacts of the current and any future drawdowns of the Green Peter Reservoir.

Section 2. The City of Sweet Home is open to collaborating with community partners and any other pertinent agencies to explore solutions through the legal system to modify the existing injunction.

Section 3. The City of Sweet Home will continue to explore all avenues to protect and support the local community impacted by the Green Peter Reservoir drawdown.

Section 4. This resolution shall take effect immediately upon passage of the City Council and signature of the Mayor and remains in effect until such time as repealed or amended by resolution.

PASSED by the City Council and approved by the Mayor this 28 day of November, 2023.