Suit over Google Water Usage highlights Importance of Water Rights in West
By Tom Peterson
The City of The Dalles followed through on filing a complaint against Oregonian Business Writer Mike Rogoway and Oregonian company Advance Local Media Group in Wasco County Circuit Court over issues of disclosing Google’s water use.
City Attorney Jonathan Kara filed the complaint on Friday, Oct. 29.
The case brings light on the atmospheric conditions of the West and how water will be utilized in decades to come as science is proving out global warming and more acute weather events such as drought and this summer’s 118-degrees Fahrenheit high ‘heat dome’ in The Dalles.
Ultimately, what is the greatest public good for water usage?
The Oregonian was a bit more pragmatic in its argument to Wasco County District Attorney Matthew Ellis dated Oct. 7.
“The water resource is a public resource,” it states. “While we may know that google is poised to receive property tax exemptions costing taxpayers each year, we don’t know the equivalent cost of the city’s water supply. The public must know the company’s current water usage to understand the impact that volume has on the rest of the community - and what the projected impacts will have on future use under the expansion plan. Without disclosure, the public has no way to evaluate the terms of this agreement or whether the elected officials who negotiated the deal have been good stewards of public resources or should be re-elected to office.”
That’s not entirely true.
Google has given some clues on water usage - mainly - that they would give the City its water rights of 3.88 million gallons per day for future water plants. Google says it will not use the full amount - which comes to 1.4 billion gallons annually.
Google has the legal right to utilize those water rights for the plants with or without City consent.
Councilors believe it is in the City’s best interest to take the deal, including $28.5 million for potable water infrastructure buildout, and gain Google’s water rights to control them for future water use decisions.
In addition, they also laud the proposed idea of storing treated surface water in The Dalles Groundwater Reservoir by pumping it into wells that would be located at the Google site - the former aluminum smelter property in the Port of The Dalles. The plan would eliminate evaporation of water as well as better capture runoff from snowmelt - a move that could serve The Dalles well if drought conditions continue or get worse.
Timeline of the Public Record Request
In early October, Rogoway requested Google’s water use amounts for their three current data plants from The City of The Dalles for 2020 and the five years preceding. The City denied the request, maintaining the numbers are trade secrets.
The Oregonian appealed the denial, and Wasco County District Attorney Matthew Ellis judged that the water usage numbers were public record.
The City has now filed suit in Wasco County Circuit Court asking for a declaratory judgment maintaining the information requested are trade secrets.
The case, while not yet scheduled, is expected to be heard by a Wasco County Circuit Judge in days to come.
And it may not be the final answer.
The City could appeal that ruling to the Oregon Court of Appeals if they lose the argument.
The City is paying for the litigation, however, it is requesting the Oregonian cover their legal expenses if it loses the case.
Click here-part 1 and here-part 2 to read all the legal documents in the case.
Big Decision set for Nov. 8
The legal battle comes on the heels of Google’s request to build two new data centers in The Dalles, which would require billions of gallons of water from the City’s surface and groundwater reservoir sources over the length of the 15-year deals.
Google would purchase the water from the City.
Some locals are concerned that water usage could drain wells and local water resources as the area is experiencing extreme drought and record high temperatures.
City Councilors are expected to make a decision on whether to accept $28.5 million from Google for building out the City’s potable water infrastructure and agreeing to feed the Google plants billions of gallons of water. The meeting is set for Monday, Nov. 8.
To read CCCNews’ story on the original request for public records, click here.
To read CCCNews’ story on proposed water usage for two new data plants, click here.
