The following Background on Clear Lake was prepared in 1997 by a non-profit group called H2O Protect Our Water Resource. Since then, Lane County has adopted a Watershed Protection Zone overlay for the watershed and instituted a one million gallon per day water withdrawal limitation on Heceta Water District.  More information can be accessed at the Heceta Water District web site.

Clear Lake Background - 1997

Clear Lake is one of many lakes on the central Oregon coast that lie on the 50-mile long North Florence Dunal Aquifer, an important groundwater body supplying water for domestic needs in the Florence area. The Clear Lake Watershed is situated north of Florence, within the North Florence Dunal Aquifer, which was designated a 'sole source aquifer' by the Environmental Protection Agency on October 7, 1981. A sole source aquifer is an aquifer which has been determined to be the sole or principal drinking water source for the area.

The Clear Lake Watershed comprises approximately 1,040 acres with 190 acres of lake area and 850 acres of land area. Collard Lake drains into Clear Lake. Collard Lake has considerable residential development around it.

At present there are no public roads accessing Clear Lake, but motor boats are launched via some private roads. There are two residences located on lake-side property, one of which has a boat house located on the lake. (Editor's note:  As of 2000, there are three houses on lake-side property.)

Clear Lake is an oligotrophic lake, which means it is a lake with a limited supply of nutrients,
therefore it is biologically unproductive with very transparent waters which are fully saturated with dissolved oxygen.

A 1985 study showed that micro-organism growth increased when phosphorus was added to the water in Clear Lake - especially when the water was enhanced with nitrogen. Micro-organisms showed little increase in growth with the addition of nitrogen only. Therefore, it appears phosphorus is the major limiting nutrient. Increased phosphorus concentrations could lead to the abundance of various species of algae, including obnoxious species such as blue-green algae which can grow to excess. Increased algae abundance in the lake will lead to higher turbidity values in the summer.  Because of stratification in concentration of phosphorus, it is difficult to detect change in phosphorus concentration before it becomes severe enough to cause noticeable changes in the lake.

The flushing rate in the lake is about once every 500 days. In the winter, when the lake is flushed most rapidly, it is well oxygenated. Under these conditions, phosphorus is likely to be bound to the sediment at the bottom of the lake and not susceptible to being washed out of the lake.

Background - Heceta Water District

Heceta Water District was organized in 1966 and started delivering water in 1969. The District draws all of its domestic drinking water from Clear Lake and serves approximately 1,400 homes (over 2,000 people) within the district and also provides approximately 30% to 40% of the domestic water for the City of Florence (which serves over 5,000 people).

Heceta Water District currently chlorinates the water before delivery. The Federal government
mandated that all surface water supplies must be filtered by 1993.

Sole Source Aquifer

On June 2, 1985, Shirlee J. Gardinier, a citizen of Florence, requested that the Environmental
Protection Agency designate the North Florence Dunal Aquifer as a sole source aquifer. Effective October 21, 1987, the North Florence Dunal Aquifer was designated a sole source aquifer under section 1424(e) of the Safe Drinking Water Act. As a result of this action, federal financially-assisted projects constructed in the designated area will be subject to EPA review to ensure that these projects are designed and constructed so that they do not create a significant hazard to public health.

DEQ Moratorium

In 1979, DEQ supported Lane County's request for funding for a groundwater study to address the concerns of on-site sewage systems over the North Florence Dunal Aquifer.

In 1980, the EQC adopted an Interim Groundwater Quality Protection Policy to protect sensitive groundwater areas like Florence.

The DEQ adopted special rules in 1983 to "preserve the existing high quality of water in Clear Lake north of Florence for use as public water supply source". At that time (according to a 1990 staff report) DEQ expected Lane County would develop a watershed management plan.

In 1990, a watershed management plan still had not been developed by Lane County, possibly
(according to DEQ staff) due to lack of expertise and the realization that sewering the Collard Lake subdivision would be too costly. DEQ staff reported to the Environmental Quality Commission:

"Although federal requirements will probably require water supply filtration regardless of water
quality, the Department believes it is prudent to prevent the discharges of nutrient into the lake in order to control algal growths that would cause turbidity and taste and odor problems. Even a small increase in lake algae levels will require the water district to provide and operate more expensive filtration facilities."

In December 1990, the EQC issued administrative rules which prohibited issuance of new septic system permits within the watershed until Lane County had developed a watershed management plan.

In 1991, a group of people who owned large lots within the watershed filed suit against DEQ,
Heceta Water District, some of the Water District Board Members, and some private citizens. The original lawsuit was seeking, among other things, $141,270,000 in money damages and a declaration that the Water District's easement for the pipeline from Clear Lake should be declared void. The demand in the lawsuit eventually was reduced to $66,360.000. Settlement of the lawsuit was attempted through a "mediation group", but that process broke down after 17 months, and the Federal judge ordered the trial to proceed.

In October 1996, the Environmental Quality Commission issued a temporary order which lifted the moratorium as part of a mediated settlement with the plaintiffs in the 1991 lawsuit. Part of the settlement required that DEQ pay the plaintiffs $90,000.

Lane County Moratorium

In 1982, Lane County Board of Commissioners adopted an ordinance establishing a moratorium on development within the Clear Lake Watershed. Numerous reports were prepared to assess the situation, and a policy advisory committee was formed. In September 1987, some of the owners of property within the watershed filed suit against the Heceta Water District, Lane County and Oregon Department of Environmental Quality. In October 1987, Lane County entered into an agreement with those property owners to rescind its moratorium effective immediately. The lawsuit was dismissed as to the DEQ and Heceta Water District in January 1988 "on several grounds".

In 1990, the policy advisory committee process broke down and the committee dissolved. No final report to the Commissioners could be agreed upon by all participants. Three separate reports were presented to the commissioners: One prepared by the attorney who represented the property owners involved in the earlier lawsuit, one by the Soil and Water Conservation Commission, and one by Heceta Water District.

Sanitary District Legislation (Senate Bill 1080)

In July, 1991, the Governor approved an addition to the Oregon Revised Statutes (Chapter 264) which would allow Heceta Water District to exercise the same powers that are granted to sanitary districts in order to protect water quality in the watershed. This legislation was enacted to allow Heceta Water District to implement it's plans to research the viability of alum treatment in existing septic systems in the Clear Lake Watershed.

Citizen Involvement

In 1992, a group of concerned citizens formed a political action committee, H2O Protect Our Water Resource (POWR). Their stated goal was:

To maintain, protect and enhance the purity of the water in Clear Lake through education of the public, education of government officials, and participation in government policy and decision making which might effect that purity.

In 1994, Heceta Water District, Lane County, one Collard Lake homeowner and an attorney
representing some Clear Lake property owners (who had filed lawsuits against DEQ and Heceta Water District) completed a closed mediation process which had lasted over 1-1/2 years. Part of the proposed solution was to sewer Collard Lake and allow more development on Clear Lake. H2O P.O.W.R. took exception to that proposal, and drafted an initiative petition which would prohibit Heceta Water District from assuming the powers of a sanitary district without first getting approval from the voters of the district. The initiative was passed by a vote of 569 to 148 in May of 1994. In August 1994, a Collard Lake resident (represented by the same attorney firm involved in the mediation) filed a lawsuit which led to the Lane County Circuit Court overturning the initiative passed in the May election.

In 1996, the political action committee converted to a public benefit not for profit corporation. The organization has since dissolved.

Regulations

Oregon Revised Statutes (ORS) 468.715 states it is the public policy of the state to protect, maintain and improve the quality of the waters of the state for public supplies. It also states it to be public policy to provide for the prevention, abatement and control of new or existing water pollution.

Oregon Administrative Rule (OAR) 340-41-026 states that existing high quality waters which exceed those levels necessary to support propagation of fish, shellfish, and wildlife and recreation in an on the water shall be maintained and protected unless the Environmental Quality Commission chooses to lower water quality for necessary and justifiable economic or social development.

Oregon Administrative Rule (OAR) 690-518-001 states that Clear Lake is classified for municipal use in addition to other uses, and states that preference will be given to human and livestock consumption over any other beneficial uses.

Land Conservation and Development Goal 6: To maintain and improve the quality of the air, water and land resources of the state. All waste and process discharges from future development, when combined with such discharges from existing developments shall not threaten to violate, or violate applicable state or federal environmental quality statutes, rules and standards. With respect to the air, water and land resources of the applicable airsheds and river basins described or included in state environmental quality statutes, rules, standards and implementation plan, such discharges shall not (1) exceed the carrying capacity of such resources, considering long range needs; (2) degrade such resources; or (3) threaten the availability of such resources.

Federal regulations which apply to the Clear Lake Watershed include:

Federal Resource Conservation and Recovery Act of 1976 (RCRA) regulates underground storage tanks, a significant source of groundwater pollution.

Federal Clean Water Act focuses primarily on controlling the discharge of pollutants into surface waters.

Federal Safe Drinking Water Act protects drinking water supplied by public water systems (serving 25 or more people).

Phosphorus Pollution

The issue of the distance that phosphorus (from septic systems) could travel through the ground was raised at a public hearing in Florence on August 22, 1990. DEQ staff responded to some of the comments by issuing a report to the EQC in December 1990 which stated:

"The 500 feet hypothesis has not been verified in any scientific journal provided to the Department. The Department recognizes that soil can effectively attenuate phosphorus levels. However, relatively small amounts of phosphorus will cause significant growth of algae in Clear Lake. Such growths could significantly increase the cost to Heceta Water District for providing water to its customers. Therefore, the Department does not believe it is appropriate to assume that a 500 foot set-back will totally eliminate the discharge of phosphorus into the lake from a drainfield."

Studies and Reports

Our coastal lakes and area water supply have been the subject of numerous studies over the years, beginning (according to D.W. Larson) as far back as 1897.

In 1971, informational workshops were held regarding the coastal subarea of Lane County. Those workshops resulted in a listing of land use goals for the area. One of those goals was: "Fresh water lakes are natural assets that may need special controls."

A 1974 report by the Oregon Dept. of Geology and Mineral Industries, "Environmental Geology of Coastal Lane County", in discussing the groundwater in the area stated: "Contamination of the ground water will be an ever-increasing problem unless precautions are taken to control the use of septic tanks and to eliminate sewage disposal in sand areas."

In 1975, Lane County issued a preliminary draft of the "Comprehensive Land Use Plan for the
Coastal Subarea". The report mentions the importance of protecting Clear Lake numerous times. The plan indicated that one of the major problems faced by the coastal area was: "Increasing water pollution problems from septic tanks in unsuitable areas."

Regarding the pollution of surface water supplies, including Clear Lake, the report stated: "The
question of keeping these lakes clean consequently becomes more than a question of merely
protecting the environment. It becomes a question of safe water supply for a large number of
people."

The report went on to recommend: "Because Clear Lake is rapidly becoming the most important source of domestic water in the Coastal Subarea, every effort should be taken to protect it from potential pollution."

The 1976 Lane County General Plan Goals and Policies stated as their primary goal regarding water resources: "Make continued progress toward improving the quality and quantity of our water resources."

In order to attain that goal, they stated the following policy: "Protect water resources used as
domestic water supply from over-development and pollution."

In 1978, Lane County adopted a "Comprehensive Land Use Plan for the Coastal Subarea". That report recommended the following regarding surface waters such as Clear Lake: "The maintenance of high water quality should continue to be of prime importance to the County and its citizens."

Regarding water quality, the plan recommended: "Clear Lake has a high water quality at the present time. As it is the source of domestic water for a great number of Coastal Subarea residents, and is likely the future source for many more, all protection that can be given both the lake and its watershed should be accomplished."

Regarding area water systems, the plan stated: "Clear Lake and its watershed should be protected from pollution or potential pollution."

A 1979 Coastal Lakes report by Lane County stated: "Development on Clear Lake carries with it more potential impacts than that on other lakes because of its use as the main source of water for the Heceta Water District. The Heceta Water District services a major portion of the population north of Florence and the City of Florence during periods of high use. Sewage seepage from septic tanks and increases in sedimentation due to clearing and grading are two potential problems of development in this area. The majority of Clear Lake is not currently protected from development."

That report goes on to say: "Clear Lake has not yet been developed, primarily due to the lack of access in the area. The lack of development is the main reason the water quality has remained pure."

The report finally concludes: "Lane County's coastal lakes are a valuable resource for wildlife, human recreation, and are primary sources of drinking water. The most effective guarantee of preserving the quality of these lakes is to enact specific regulations pertaining to development and land/water use in the coastal lake region coupled with appropriate enforcement."

In 1982, the Lane Council of Governments prepared a study for Lane County to determine how best to protect the aquifer from contamination by septic systems. That study stated: "If Clear Lake is allowed to degrade in quality it is almost certain that a more complicated and expensive filtration system will be necessary to remove algal turbidity. Taste and odor problems could also occur. If Clear Lake remains at its current quality, the current inexpensive chlorination process may be used for an indefinite period but there is no guarantee that the lake will not change due to other causes or due to factors that currently exist but may have delayed impacts (e.g., existing housing near Collard Lake)."

Also in 1982, a report to the Lane County Commissioners by Lane County Planning and Community Development stated: "Boat traffic on Clear Lake would cause human activities in the vicinity to increase. This activity would result in an increase in pollution related to litter, sewage and the general human activities in addition to oil and gas from motorized craft. From a technical point of view, the decision to limit boat traffic and human activities related thereto is compatible with a decision to protect the watershed and minimize treatment in lieu of extensive treatment of water which has been allowed to become contaminated."

A 1983 EPA report entitled "Results of the Nationwide Urban Runoff Program", stated: Regarding Lake Quinsigamond in Massachusetts: "... in spite of the abatement of point sources, survey data indicate that the lake has shown little improvement over the abatement period."

Regarding Lake George in New York: "Since there are no point source discharges, this phosphorus loading is due solely to urban runoff. These data illustrate the significant impact of urbanization on phosphorus loads."

The 1985 Century West report prepared for Lane County recommended sewering of Collard Lake as the best alternative. However, those recommendations were based on cost assumptions (land purchase too expensive to consider) that are no longer valid - the primary cost assumption was that all of the property was developable. Current F-2 zoning prevents development of approximately 80% of the area. The report also stated: "Based on the computer model developed by Lane County the number of years until the lake water quality degrades to such a level that improvements are needed is approximately 10 years, using current growth projections."

In April 1985, Lane County was presented with a report funded by the EPA and DEQ entitled "Phosphorus Accumulation in the Clear Lake Watershed". That report recommended: "The model clearly demonstrates that phosphorus levels will rise in Clear Lake if development continues ... Even the smallest change in phosphorus content of the lake will bring about a change in the lake, though that change may not be noticeable to the casual observer. The model also indicates that under the right conditions the increase may be rapid."

The 1985 "Atlas of Oregon Lakes", prepared by Portland State University and DEQ, stated: "The potential for future degradation of this supply is very real."

Also in 1985, concern about the possibility of pollution from septic systems near Collard Lake
prompted Lane County to commission a study - "Limnology and Nutrient Dynamics of Clear Lake". That study stated: "The continued use of Clear Lake as a drinking water supply depends on maintaining the current high quality of water in the lake. Changes to the lake or the watershed which degrade the water quality in Clear Lake may require more extensive treatment of the water, or development of a new source."

That study concluded: "Increased residential development around Clear Lake will increase the
phosphorus loading to the lake whether or not a sewer system is built (Gilliom 1982). Much of this loading will be via the groundwater. Because of the lag time inherent in the groundwater system, and the sensitivity of the lake to phosphorus input, it will be difficult to effect any remedial measures if a change in Clear Lake due to nutrient loading is detected."

  A May 1986 Issue Paper prepared by the Puget Sound Water Quality Authority identified some of the following as impacts of pollution from various nonpoint sources, including forestry, construction and urban runoff:
 

• Sediment - Increases drinking water costs
• Salts - Affects quality of drinking water
• Pesticides and Herbicides - Health hazard from human consumption of contaminated fish/water
• PAHs - (from wood burning & auto exhaust) - Metabolites may be source of carcinogens
• PCBs - Suspected to cause cancer in humans
• Petroleum Hydrocarbons - Water soluble component can result in acute toxicity
• Phosphorus, Nitrogen - Promotion of premature aging of lakes (eutrophication); Blooms of toxic algae can affect health of swimmers and aesthetic qualities of water bodies (odor and murkiness); Reduced quality of water supplies; Nitrates can cause infant health problems
• Metals - Can bioaccumulate in animal tissues; Can affect water supplies
• Pathogens (disease bearing organisms) - Increased treatment costs for drinking water; Human health hazard

In 1987, the City of Florence commissioned the firm of CH2M/Hill to prepare a study on the water supply for the area. The conclusion of that study was: "As a long-term source of supply, Clear Lake is the most cost effective."

In September 1987, EPA issued a support document for designation of the North Florence Dunal Aquifer as a Sole Source Aquifer. That document indicated: "Rapid infiltration rates into the sand cover combined with a shallow water table make the North Florence Dunal Aquifer highly susceptible to contamination from surface activity. Despite the relatively rapid flow of ground water through the aquifer, water soluble contaminants introduced near the surface may remain in the ground water system for nearly 60 years. Immiscible contaminants, such as petroleum distillates, would spread rapidly if spilled onto the permeable sand cover but would resist flushing by natural ground water flow."

The report further indicated: "Possible sources of aquifer contamination include fuel storage tank failure, improper storing or handling of hazardous materials, accidental spills of hazardous material transported across the aquifer, septic tank effluent, storm runoff, pesticides, and chemical fertilizers. The lakes located along the eastern margin of the dunal area would suffer from any contaminants introduced into that portion of the aquifer which recharges the lakes. Direct leaching from septic tanks located in sand-covered areas adjacent to the lakes could seriously downgrade the quality of Clear Lake - the only surface source of drinking water presently used in the area. "Localized over-pumping of the aquifer near the ocean could result in saltwater intrusion. However, population projections by the Lane County Planning Staff suggest that such overdrafts are unlikely."

In December 1987, the Idaho Department of Fish and Wildlife Resources issued a study entitled "Cocolalla Lake Phosphorus Loading and Trophic Status Assessment". That report stated: "Timber harvesting increases nutrient export because it blocks nutrient uptake, raises forest floor temperatures, increases the frequency of wetting and drying (weathering), increases microbial activity thereby accelerating decomposition of organic matter, and increases the nutrient pool (Reckhow et al. 1980)."

In 1988, Carl Hosticka prepared two reports which concluded the best method of protecting Clear Lake to be: "Prohibit further development by purchase or condemnation of land - This alternative would involve purchasing all private property within the watershed. Lane County, which owns a sizable portion of the property surrounding Clear Lake, would enter into agreement with the Heceta Water Board that would prohibit it from performing any development there. Thus only private property would be required to be purchased. All existing habitation would either be removed or be allowed to remain at the status quo. This would eliminate almost all of the contaminants caused by man from entering the water supply. This alternative is the best possible protection for the water supply and the lake aesthetics."

According to the 1988 EPA Lake Restoration Manual: "The EPA Administrator reported to
Congress that, as of 1988, 45 percent of the Nation's lakes were either impaired, partially impaired, or threatened by pollution ... 76 percent of the lake impairment is related to nonpoint source pollution, and only 11 percent is related to point source pollution. The remaining sources of pollution are natural. In general, nonpoint sources were major contributors of sediment organic matter and nutrients to a lake."

In 1989, the City of Florence prepared a report entitled "Feasibility of Sewering Clear Lake
Subdivisions" by Laura Gillespie. The report cited three possible alternatives: (1) use of an off-site common drainfield on Siuslaw National Forest land; (2) piping the effluent to the City of Florence sewer collection system via Mercer Lake Road to Highway 101; and (3) construction of a conventional sewer system. The report indicated that a conventional sewer system would cost each lot owner approximately $10,280 (note: this is in 1985 dollars) for construction. It also indicated that operation and maintenance of a sewer system would cost approximately $100,000 per year. The estimate did not include the cost of storm sewers.

Another 1989 study prepared by the Oregon State University concluded: "Clear Lake presently experiences anaerobic conditions in its hypolimnion during summer stratified conditions, thought to result from dunal aquifer groundwater input. Because of this condition, any significant increase in algal productivity would result in a taste and odor problem for Clear Lake as a drinking water source. This problem would not be ameliorated by the anticipated future addition of filtration facilities to the water treatment plant."

Also in 1989, a North Carolina watershed management plan stated: "The watershed is the "first line of defense" for protecting a drinking water supply, and therefore effective watershed management is the logical first step to meet EPA's new drinking water standards. This is because the watershed is the source of pollutants which can contaminate the water supply reservoir. It is far preferable to implement an affordable watershed management plan that keeps contaminants out of the water supply reservoir, than to rely solely on water treatment plants to treat a contaminated supply to meet drinking water standards. ... A watershed management plan is also desirable because it is a proactive approach which focuses on the cost-effective prevention of future water quality problems. In the absence of a watershed management plan, there is a greater risk that uncontrolled future development will result in water supply contamination of crisis proportions. The likely result of such a reactive
approach to water supply protection is the intervention by regulatory agencies when a crisis occurs and the requirement of remedial controls which may be much more costly than a proactive watershed management plan."

A book published by the United Nations Educational Scientific and Cultural Organization
(UNESCO) in 1989, The Control of Eutrophication of Lakes and Reservoirs, stated: "Human
settlement of a drainage basin, and the associated clearing of forests, building of farms and towns, etc. can dramatically accelerate the aging process (eutrophication) of a natural lake or man-made reservoir, and significantly reduce its life span. This process, often called cultural eutrophication, usually is accompanied by detrimental changes in water quality, which can interfere with human use of the water resource for many purposes (e.g. drinking water, recreation, industrial uses)."

The book also stated: "An inevitable consequence of human settlement of a drainage basin is a
deterioration of water quality in the drainage basin over time, especially if these conditions continue to be ignored ... This deterioration will necessitate even more expensive control programs at a later date, as well as the loss of an increasing number of water-use options."

A 1990 report by the Portland Water Bureau stated: "Allowing degradation of a water source
because of the presence of, or the ability to construct, a water treatment plant, therefore, will not maximize protection of public health."

In 1990, an Associated Press news article reported on New York City's attempts to protect their watershed. The City stated that key items in their watershed management plan included land purchases, upgrading sewage treatment plants, monitoring development on the watershed, testing and policing, and asking the state to upgrade classification of streams that feed the city's raw water reservoirs.

There was also a "CRMP Report" submitted to Lane County in 1990. This report was supposed to be the result of a process initiated by Lane County to try to resolve conflicts between large landowners in the watershed and the Water District. The report that was finally submitted to the county was, in fact, a report the Water District had not agreed to, was not recommended by the other participants, but was in fact presented by the attorney for the large landowners. This report was never approved by the CRMP. The Water District circulated its own CRMP report, and the CRMP process simply died.

The 1990 edition of EPA's Lake and Reservoir Restoration Guidance Manual states: "The better the incoming raw water, the less it will cost to make it into acceptable drinking water. Ultimately, watershed and reservoir protection and reservoir management or restoration may be less costly than extensive in-plant modifications and increased chemical uses. " "Algal blooms, particularly blue-green algae, not only can impart an unacceptable taste and odor but can also increase the demand for treatment chemicals and decrease filter runs. There are few solutions if nutrient diversion is not adequate." "It is very common for residents living around a eutrophic lake to suspect on-site waste disposal systems as the major culprit causing their lake problems. Unfortunately, little quantitative information exists that compares measured nutrient loadings from on-site waste disposal systems to the total nutrient load received by a lake. As a result of over- estimating the importance of on-site systems, many lakes have been sewered at large expense with no resulting improvement in water quality."

"In detailed studies of 13 developed lakes in Wisconsin where on-site systems were examined,
phosphorus contributions from these systems were measured and found to have provided between 1 percent and 33 percent of the lake's total nutrient load. When compared to the total phosphorus budget for these lakes, the contributions from the disposal systems did not have a significant impact on the overall trophic condition of these lakes."

A 1992 report prepared by the U.S.D.A. Forest Service stated: "The Water Pollution Control Act of 1948 or 'Clean Water Act' and its subsequent amendments through 1987 demonstrate strong congressional determination to improve the quality of our water resources." Graphics presented in that report show that 76% of the pollution problems in lakes come from nonpoint source pollution, described by the Forest Service as including "sediment, nutrients, pesticides, animal wastes and other substances which enter our water supply as components of runoff and groundwater flow."

In May 1992, the League of Women Voters of Oregon produced an informational brochure entitled "Groundwater Drinking Water". That document stated: "In Clear Lake the potential buildup of phosphorus and nitrates can induce growth of algae that can cause bad taste and odor in drinking water. Algae adds to filtration costs because it can clog filters and require more extensive cleaning."

Articles and Correspondence

A February 1991 publication by the U.S. EPA, "Urban Runoff Impacts to Receiving Waters" stated: "Increased nutrient (phosphorus, nitrogen) concentrations in stormwater have been shown to result in greater nutrient enrichment and associated algal productivity in lakes ... often creating undesirable excessive growth conditions. Phosphorus is often emphasized as the nutrient controlling algal growth; phosphorus loading rates from urban areas have been determined to be three to seven times greater than undeveloped woodland."

A 1991 article about groundwater contamination in "The National Voter", a League of Women Voters publication stated: "The majority of water supply contamination incidents appear to be caused by 'nonpoint' sources - such as pesticides and fertilizer application, septic tank seepage and salt water encroachment from over pumping groundwater in coastal regions."

A July 1991 article in the U.S. News & World Report stated: "Ultimately, the only sure way to guarantee safe water is to protect the source. But only a handful of communities nationwide have tough ordinances protecting their water supplies. ... These communities acted only after they had poisoned vital wells. One can only hope that other American communities will recognize the value of their drinking water before their wells and reservoirs go bad."

A September 1991 article in the Eugene Register Guard stated: "Untreated storm water runoff is seen as one of the primary factors in the pollution of streams and rivers throughout the United States."

In a 1992 article in the Audubon Society magazine, Albert Appleton, Commissioner for New York City, stated that for years the city had indirectly subsidized the agriculture, building and tourism industries within the City's watershed. He stated: "In many instances, the real estate industry has carried itself forward by externalizing its cost in the environment. Every time a developer builds a condo in the Catskills, the city is that much closer to having to spend $5 billion to filter its water." The article reported Mr. Appleton claimed that continued development would mean, in effect, that city taxpayers would end up subsidizing developers to the tune of something like $100,000 per condo over the next 20 years to protect the environment.

A questionnaire distributed by Heceta Water District on January 6, 1992 indicated a majority of respondents owned property inside the Clear Lake Watershed. 91% thought no more development should be allowed inside the watershed. 97% thought there should be no gasoline powered boats on either Collard or Clear Lake; 78% thought off road vehicles should not be allowed. Of all respondents, only 3 people thought F-2 land should be allowed to develop.

In a February 1992 letter, Dr. Douglas W. Larson, Ph.D., a Limnologist and Adjunct Professor at Portland State University who has been studying coastal lakes for many years, stated:
 

"Clear Lake remains one of the most pristine, high quality lakes in the Pacific Northwest. For this reason, the lake supplies drinking water to Florence-area residents that is unsurpassed in quality, purity, and dependability. Indeed, Clear Lake is one of the few remaining surface bodies of water in the Pacific Northwest whose waters are probably still clean enough to be safely drunk without treatment, such as filtration and chlorination. As lake scientists and others have pointed out, however, the quality of Clear Lake water will certainly degrade if the  watershed surrounding the lake is developed and used for recreation and other purposes. Like Mercer, Munsel and Woahink lakes, land development and recreational activities around Clear Lake will significantly alter the quality of lake water within 10 years or less. Consequently, if the lake continues to be used as a source of municipal drinking water, water drawn from Clear Lake for drinking purposes may have to be treated by rather expensive and unhealthful processes.

Additionally, despite various water treatment processes, water drawn from a degraded Clear Lake may have troublesome and undesirable tastes and odors. Certainly, all of these problems can easily be avoided if the Clear Lake watershed is left undisturbed and protected form potentially harmful human activities.

The statement continues: "Clear Lake is a major source of excellent drinking water for present and future generations of coastal residents. It would be extremely unwise and irresponsible to open the lake's delicately balanced watershed to fateful human disturbances. If that should happen and the lake eventually degrades, as it surely will, the community and its inhabitants who drink Clear Lake water will pay the consequences in terms of money, health, and personal well being. The high costs of lake degradation will be borne by the people who depend on Clear Lake for their vital drinking water."

The statement concluded: "Essential to the lake's protection is a long term, scientifically sound  lake monitoring program, which has already been proposed. Monitoring is probably pointless, however, if the lake is allowed to degrade because of watershed development. Monitoring will merely document the inevitable lake degradation process, not prevent it. Therefore, it is up to you, the trustees and caretakers of Clear Lake, to not allow lake development in the first place."

A March 1992 article in National Geographic regarding the problems Lake Tahoe in Nevada had been experiencing stated: "Yet, despite tight building codes, each new ground breaking still threatens the fragile lake. Though sewage is piped out of the basin, there are inevitable leaks in that system. Timber cutting, although tightly controlled, nevertheless causes erosion. And no matter how strictly building and cutting are regulated, people keep coming."

The September 1992 issue of "Money" magazine reported that a recent survey asking subscribers (median household income: $71,760) to rate the importance of 44 factors in choosing where they wished to live resulted in some surprising results. Rated number one in importance, above low crime rate, clean air and inexpensive living was CLEAN WATER.

On August 10, 1992, Richard Nichols of the Oregon Department of Environmental Quality prepared an affidavit which stated: "In 1985 a limnology study was conducted of Clear Lake and Collard Lake by Lane County. In 1990, five years later, DEQ collected and analyzed water samples from Collard Lake and Clear Lake. The DEQ tests did not indicate any increase in phosphorus levels in the two lakes between 1985 and 1990."

In a September 30, 1992 letter to DEQ, Heceta Water District reported on the findings of recent water testing conducted on Collard Lake and Clear Lake. The tests showed that since the DEQ testing in 1990, phosphorus levels in Collard Lake had increased more than two times pre-1990 levels and that the phosphorus levels in Clear Lake currently exceed the DEQ mandated levels. The report also indicated that the highest levels of phosphorus loading were recorded at the north end of Clear Lake, near the location of recent house and road construction. The study indicated that the phosphorus concentration at the north end of Clear Lake was actually higher than concentrations in Collard Lake. There were five significant events in the watershed just prior to the testing - Lane County's approval of three building permits (one on the shore of Clear Lake), one variance for construction within 50 feet of Collard Lake, and one instance of unauthorized construction of a retaining wall on Collard Lake. The letter concluded that it appeared that nonpoint source pollution was the main culprit in the increased phosphorus loading problems threatening Clear Lake, and that merely maintaining Clear Lake in its present state was not going to be sufficient - phosphorus levels
must be reduced, not just maintained.

A June 1993 report by Century West, prepared for Lane County, indicated that sewering all Collard Lake lots (126) would cost each homeowner $15,415, plus an annual maintenance of $405. It also indicated that sewering only those lots which are already developed (69) would cost each homeowner $38,791, plus maintenance of $464 per year.

An April 14, 1994 letter to Walter Drew from Fred Hansen, Director of Oregon Department of Environmental Quality stated: "DEQ is not mandating sewers for the Clear Lake watershed. We are, however, requiring that specific loading limits be met for both Collard and Clear Lake. Installation of sewers may be one way of achieving the loading limits."

A May 1995 article in National Geographic magazine, Earth Almanac section, stated: "A typical two-stroke outboard motor releases as many unburned hydrocarbons in one hour as a car engine does in 40 hours. Almost a third of the gasoline that goes through such outboards does not burn; it is vented into the water."

An article in the October 27, 1996 issue of the Eugene Register Guard newspaper sated that: "at least 100 million Americans" drink and bathe in highly toxic, contaminated water.

In the February 1996 issue of American Scientist magazine entitled "Curing the Incurable", Douglas W. Larson stated:  "... the can-do notion that science and technology could actually resuscitate aging, weed-clogged lakes, restoring them to near-original conditions, was remarkably naive on the part of some people and simply arrogant on the part of others."

A May 1996 article entitled "Source Water Protection: What's In It For You?", by Steve Ainsworth (EPA), Hamilton Browh (National Association of Towns and Townships), and Paul Jehn (Groundwater Protection Council) stated: "A 1989 survey of 21 Minnesota cities by the Freshwater Foundation found that five cities collectively lost more than $8 million in tax revenues because of real estate devaluation as a result of ground water pollution."

A May 29, 1996 article in the Eugene Register Guard Newspaper: "Boats with electric motors will be allowed on the Hult Reservoir west of Eugene, but other motorized craft will be prohibited under a new regulation adopted by the Oregon State Marine Board."

A July 11, 1996 memorandum to the City of Florence from H2O POWR presented a number of buyout options (and estimated costs) for the Clear Lake Watershed:

     Limited Buyout Options:
          1. $628,640;
          2. $4,792,238;
          3. $5,145,888;
          4. $6,213,608; and
     Full Buyout ($10,318,818)

An Environmental Fact Sheet issued in August 1996 by the New Hampshire Department of
Environmental Services stated: "Phosphorus is the substance that limits biological growth due to its short supply with respect to other substances necessary for the growth of an organism. It only takes a minute quantity of phosphorus to increase the growth rate of those primitive plants, known as algae." "In general, an increase of phosphorus to a lake initiates a series of events that can lead to deteriorating lake quality."

A Fiscal and Economic Impact Statement regarding Clear Lake Watershed in Lane County,
prepared by Oregon Department of Environmental Quality in January 1997 indicated: "The ability to build is of significant value to the property owners. The increased development (expected to occur using individual on-site systems) is expected to increase the level of algae in Collard and Clear Lakes, over time. Clear Lake is a drinking water source. High levels of algae, if it occurs, will increase the cost of treating the water."

"The Department expects that the additional development of the area on septic tanks and drainfields will cause the phosphorus and algae levels in the two nearby lakes to increase, and that sewers in the Collard Lake area will likely be required. However, prior to requiring sewers, the Department is likely to conduct further studies in the area. It is possible that the studies and recommended corrective actions will not be completed in time to prevent unacceptable levels of algae in the lakes. This could mean an increase in the cost of treatment by the Heceta Water District, which would be passed on to District customers including the City of Florence.