Brown v. EWEB

Contract for the Sale of Surplus Water

Case: In re Brown, 2010 WL 9547011 (Or. Cir.).

Synopsis: The Eugene Water and Electric Board requested the Court exercise its authority to validate a contract for the sale of surplus water to the City of Veneta. Judge Rasmussen determined that the relevant statutes required Veneta to submit its proposal to build the pipeline to Lane County. Once Lane County decided on whether the pipeline could be built, the opposing party could ask for the decision to be reviewed by the Land Use Board of Appeals (“LUBA”). Decisions made by LUBA are appealable to the Oregon Court of Appeals. Therefore, Judge Rasmussen declined to decide whether the construction of a pipeline would violate land use planning laws.