Fairways' water shut off, turned back on

Golf course wins initial court decision to have service restored

PAUL DELANEY, Staff Reporter | Last updated Jun 08, 2017 9:18am0

Paul Delaney count

The Fairways Golf Course's head professional and general manager, Kris Kallem, hopes a long-running water dispute with the city of Spokane ends soon.

From its earliest days The Fairways Golf Course has been saddled with issues related to water usage and the cost to keep it green and playable.

And now, a decades-old dispute threatens the existence of the facility following the city of Spokane's decision to cut off irrigation water May 23. However, a ruling by Superior Court Judge Michael Price, who issued a restraining order at 11 a.m. ended the shutoff June 6.

Price's ruling came as result of a motion filed this past Monday by Fairways' attorney Bob Dunn.

Head professional and general manager Kris Kallem said in an email that the course was nearing the point of the water shutoff causing "irreparable damage." Kallem explained that one night without water can equal two weeks of recovery time.

Any eventual legal path could include both reparations for overcharges on water rates, plus any damage to the course - and a potential class action suit for several thousand ratepayers who subscribe to the supply of city of Spokane water, but with a 50 percent surcharge.

The course sits on solid legal ground, Kallem inisists, due in large part to a water conservation ordinance that was written in early 2009 and included four city of Spokane courses - Downriver, Esmeralda, Indian Canyon and The Creek at Qualchan - all of which use water from Spokane.

The ordinance was crafted with input from Buster Heitman, who purchased The Fairways in 2007, but was knowledgeable of water cost problems in the past. Heitman sat with Brad Blegen, who was at the time, head of the city's water department. Documents show that former Spokane mayor, Mary Verner, also was part of the discussions.

The Fairways, along with an estimated 5,300 other users outside the city limits of Spokane, all have a 50-percent surcharge added to their water bills as a means of covering the cost of the infrastructure that provides the service.

But as part of the ordinance, which was passed by the Spokane City Council on Jan. 5, 2009 and enacted Feb. 11 of that year, The Fairways was supposed to receive a significant discount for water if it was able to keep yearly consumption under 40 million gallons.

For six of 10 years between 2005 and 2014 the course met that goal, and in two other years was just over the 40 million cut off. But water rate reductions as stipulated in Spokane Municipal Code Chapter 13.04, Section 13.04.2017 never followed.

Rates have bounced all over the spectrum, from as low as 75-cents in 2011 when they used 32.7 million gallons to $1.21 the following year with consumption of 33.6 million gallons. The course paid $1.28 in 2005 when it used about 30.3 million gallons.

Three of the city courses, Downriver, Esmeralda and The Creek at Qualchan, never had water use below the threshold. Indian Canyon shows in data to have fallen under the 40 million mark, but the usage figures reported are inconsistent.

While conservation efforts by The Fairways have reduced consumption significantly in the 10-year span where figures were available - using as low as 26.6 million gallons in 2010 - Spokane courses like Qualchan gulped down as much as 72.2 million gallons in 2007.

The Fairways has historically used approximately 20 million gallons less per year on average than the city of Spokane owned golf courses, Kallem noted.

"We are fighting for the future of not just the golf course but our surrounding community, and all of the wonderful organizations we partner with and support including the Shriners Hospitals for Children – Spokane and the Lilac City Invitational," Kallem said.

Kallem also pointed to other community-minded efforts the privately-owned course offers, which could go away if the course has to close.

First is it employs 30 people, but The Fairways also provides free golf and use of practice facilities for Cheney High School, Medical Lake High School as well as the Eastern Washington University women's golf team. It also plays host to a number of charitable golf tournaments.

Efforts to have a variety of questions answered by city of Spokane officials received no response by presstime.

Fairways water usage comparisons

$ P/unit Usage*

2005 Fairways 1.28 32.76

Qualchan* 0.64 50.93

2006 Fairways 1.32 32.65

Qualchan* 0.66 67.39

2007 Fairways 1.07 40.65

Qualchan* 0.66 72.78

2008 Fairways 1.07 40.519

Qualchan* 0.66 57.147

2009 Fairways 1.07 40.519