Extending Utilities into Washington

[Joel Hamilton <joelh@uidaho.edu>]

Mike Curley mentions the occasionally heard argument that we should encourage
development across the state line so Moscow can benefit by selling them water
and sewer services at high prices.  The Southeast Moscow Sewer District and the
North Polk district are sometimes cited as examples where Moscow has agreed to
provide city services outside the city limits.  

The City of Moscow has had a policy for years that such services will only be
provided outside the city in cases of hazard to public health and safety.  The
Moscow Comprehensive Plan, recently revised and recently approved by the City
Council, contains the language:
"The City of Moscow should maintain control of all sewer and water service in
the area. Extension of the City services, particularly water and sewer, should
encourage new development to occur adjacent to existing urban development."

"The major reason-for-being of local government is the provision and
maintenance of necessary services and facilities in an area. If these services
are provided in 
unincorporated areas around the City by numerous special districts, or if City
services are provided to unincorporated areas, the general purpose government
will 
have no control over how or where development around it is to occur. The City's
present policy requiring annexation of any land to receive City services should
be 
continued. Any special districts to be created within the Moscow Area of City
Impact should be allowed only if they are to be connected to the City's
systems. The 
City should maintain complete control over all new hookups and line extensions
within such districts by written agreement before the new lines are connected
with 
the City's system or by dedication of new lines to the City."

The Southeast Moscow and North Polk utilities connections were allowed only
after the local sewer and water systems failed and became a public health
hazard.  As I understand it, there was a very conscious decision to put these
limits on extension of services outside the city limits.  If a city provides
services to new development outside the city limits just because they want
services, apparently there are legal reasons to believe the city might have to
provide water to all who ask.  Moscow could run the risk of becoming water and
sewer utility to much of the surrounding area.

The proposed development along the highway may very well be a hazard to public
health and safety -- but providing them with Moscow water and sewer services is
not going to make them less hazardous.

The idea that Moscow could hold Pullman highway developers hostage and make
money charging them high rates is probably a myth.  The "interstste commerce"
clause of the US Constitution has been held in several instances to mean that
water buyers on both sides of a state line have to be treated equally.  Moscow
probably couldn't charge any more than we presently charge Southeast Moscow and
North Polk -- which is certainly not enough to make us rich.

I agree with Mike -- Moscow has nothing to gain, and a lot to lose if it
extends utilities across the state line.

Joel Hamilton