By Denies Box-The Courier-Herald

Battle lines over Lake Tapps are being drawn in the water and the fight is far from over.

Cascade Water Alliance announced Feb. 29 a final purchase agreement had been reached with Puget Sound Energy.

The Alliance is proposing to purchase the lake for $39 million with plans to convert it to a drinking water reservoir.

And that is where the battle begins.

A critical disagreement centers on in-stream flows in the White River. Water is diverted at the barrier dam near Buckley into a series of flumes that fill the lake.

The amount of water left in the river after the diversion has become a make-or-break issue for the community surrounding the lake and Cascade.

In the purchase agreement, Cascade has agreed to pay $5 million to PSE if the drinking water right issued by the Department of Ecology is not appealed by The Puyallup Tribe of Indians and Muckleshoot Indian Tribe.

Mike Gagliardo, director of planning for Cascade, said the utility has been negotiating with the tribes over the flow.

However, the three cities surrounding the lake - Bonney Lake, Sumner and Auburn - and the community members living around the reservoir believe they have been cut out of the negotiations.

State Rep. Chris Hurst, D-Greenwater, and Pierce County Councilman Shawn Bunney sent a letter dated March 3 to Jay Manning, director of Ecology, and Gov. Chris Gregoire, outlining the problems from the cities' and community members' points of view.

“It is our opinion that this letter demonstrates Cascade's unwillingness to deal with the underlying issues on a collaborative basis and is further evidence of ignoring the interests of the citizens of the lake, as well as the surrounding communities and the public at large….” the letter reads.

“To be blunt, Cascade has largely ignored a decade's worth of work by the Lake Tapps Task Force.”

A letter sent to community members Monday from Bunney, Hurst, Sen. Pam Roach, R-Auburn, Dan Roach, R-Bonney Lake, Bonney Lake Mayor Neil Johnson, Auburn Mayor Pete Lewis and Sumner Mayor Dave Enslow was equally pointed.

“Last week the Cascade Water Alliance walked away from the Task Force recommendations and is asking the governor to approve water flows that will damage summer lake levels,” their letter said.

Hurst said the issue has now “reached a critical mass. Cascade has negotiated in secret and they are trying to ram it down everyone's throat and then call themselves a good neighbor.”

Hurst said the in-stream flows Cascade is calling for will threaten the recreation lake levels during the months of July, August and September and the flows are not supported by scientific data.

“Shawn and I have been working over a year to try and work on behalf of all parties,” Hurst said. “We want conditions in the (water rights) permit equitable to everyone.”

Gagliardo did not state what flows are being requested by Cascade. The tribes had stated in documents filed with Ecology that 800 cubic feet per second of water should be left in the river below the barrier dam during July and 500 to 650 cfs in August.

“It is time to fight to make sure Cascade doesn't roll over our backs,” Bunney said. “The flows they are requesting will be devastating to our community. A deal was made behind closed doors and it is time for our community to stand up and be heard.”

Bunney noted the Lake Tapps Task Force was instrumental in converting the right from a hydroelectric to drinking water.

“They (Cascade) would not have this water right but for our work,” Bunney said.

Gagliardo said by phone Friday that Cascade was working with Ecology, the tribes and the community.

“The water right is not final,” Gagliardo said. “We are trying to work through all these issues. The flows could have an impact on the lake levels.”

Lewis said if this were a baseball game, “we would be in about the sixth inning. There are still a lot of things that have to be looked at. I think the citizens around the lake have a good shot if they come together.”

Lewis, Johnson and Enslow are still willing to purchase the lake. The cities presented a $33 million offer to PSE in September 2004. PSE turned the offer down citing an exclusive negotiating agreement with Cascade.

“Our question to PSE is when does this exclusive agreement end?” Lewis said. “When are we allowed to present an offer?”

A public meeting has been scheduled by the Lake Tapps Community Council for 7 p.m. March 25 at the North Tapps Middle School, 20029 12th Street E.

“We are encouraging the community to send letters to the governor,” community council member Leon Stucki said. “I've never seen so may mad people as we have today.”

Cascade's board is scheduled to vote on the purchase agreement at the regularly scheduled meeting beginning at 4:15 p.m. March 26 at the Bellevue City Hall, Room IE-108, 450 110th Ave, N.E.

Dennis Box can be reached at dbox@courierherald.com.