Portland's source water, the Bull Run, is a pristine watershed far removed from the types of human activities and pollution that are associated with the presence of Cryptosporidium. There is no human sewage or cattle exposure to Portland's source water in the federally-protected Bull Run Watershed. The wildlife that inhabit the Bull Run Watershed pose the only potential source of Cryptosporidium in the Bull Run. Because of this, the Water Bureau has regularly monitored the Bull Run for Cryptosporidium for more than 10 years. Only rarely does the city find Cryptosporidium
in the Bull Run and only at extremely low levels. No Cryptosporidium has been detected in Portland's drinking water samples since 2001.
It is for this reason that the Portland Water Bureau is working with community, business and ratepayer stakeholders to review the new rule and evaluate alternatives to the expensive treatment requirements which appear in Portland 's case to be unjustified.
The Portland City Council committed in July 2004 to pursue a risk mitigation strategy for open reservoirs to come into compliance with the LT2 that was consistent with an independent review panel recommendation and draft version of the LT2 rule. EPA removed the risk mitigation option from the recently issued rule and increased the treatment requirements associated with the outlet treatment option for reservoirs causing significant concern for the city.
In 2002, new treatment was estimated to cost from $55 to $204 million to construct and millions more to operate on an annual basis. The city estimated at that time that it would cost an additional $77 million to come into compliance with the open reservoir requirements of the rule.
Because of the protected status of Portland's Bull Run source, and the very low incidence of Cryptosporidium in the Bull Run source water, the city has filed a legal challenge to the new federal rule in the Washington DC Circuit Court of Appeals seeking to establish alternative and less expensive methods of compliance. New York City also has filed a legal challenge to the rule. The status of these legal challenges is unresolved at this time.
The operation of the Bull Run water supply system impacts threatened Chinook salmon and steelhead. In order to continue to operate the system and comply with the Endangered Species Act, the city must apply for a permit that authorizes the anticipated take. This permit is known as an "Incidental Take Permit."
To obtain an Incidental Take Permit, the city must first develop a Habitat Conservation Plan (HCP), designed to minimize and mitigate for the impacts of the Bull Run system. The Habitat Conservation Plan is the basis for the contract authorizing the bureau to continue operations in the Bull Run.
Over the next several years, the Portland Water Bureau will be developing a HCP for the Bull Run water system.