Overview

Combined water and sewer rates in Portland, Oregon are among the highest in the United States. A 2007 survey by Black & Veatch put Portland No. 1 on the list of 50 largest cities water and wastewater survey and No. 6 in 2010.[1] A proposed five year rate increases which started in July, 2011 by the Portland Water Bureau is likely to push Portland's water bills significantly above the average for the 50 largest U.S cities. Portland's combined water and sewer bill would likely total $346 by the year 2015.[2] Quarterly bills for typical residential customers have risen from $74 to $84 in July 2011 following a 13% increase by the Portland Water Bureau.[3]

These spiking increases are as a result of a Federal regulation by the Environmental Protection Agency effective 2014 which requires drinking water sources to be guarded against the chlorine-resistant parasite, cryptosporidium which Public Water Bureau of Portland believe to be non-existent in the pristine waters of the Bull Run. About 25 percent of the water rate increases is tied to the Environmental Protection Agency's mandates that Portland deal with cryptosporidium which the City of Portland initially contested but lost. The argument of Portland city authorities is that the city’s water which is drawn from the pristine Bull Run watershed which is pure and clean and does not need any expensive treatment to eliminate any pathogens which evidently is not present in the water.[4] The EPA is however not taking any chances due to the fact that this waterborne pathogen sickened 403,000 and killed 69 in Milwaukee in 1993, but has not surfaced in any U.S. cities since that incidence.[5]

Despite the fact that water quality is a major component of the human right to water, these price increases threaten to put the affordability of water and sewer services higher, making it difficult for poor households which are already struggling to pay for their water and sewer bills and receive assistance from the Portland Water Bureau.

Policy and Regulation

The Safe Drinking Water Act (SDWA) is the principal federal law that regulates public drinking water supplies in the U.S. SDWA authorizes the United States Environmental Protection Agency (USEPA) to enforce regulations regarding water supply. The Oregon Department of Human Services - Drinking Water Program (ODHS) is the principal agency that enforces drinking water regulations in Oregon and thus responsible for monitoring the compliance records of Portland Water Bureau.

The SDWA which was passed in 1974 was reauthorized and amended by Congress in 1986. The Act primarily aims to ensure high water quality standards to consumers. In 1986 another amendment to the act saw emphasis given to public access to information. Below is the list of regulations that have evolved from the SDWA Act over the years.[6]

• Trihalomethane Rule (1981) • Total Coliform Rule (1990) • Phase II and V rules (1991, 1992) for volatile organic chemicals, synthetic organic chemicals and inorganic chemicals • Lead and Copper Rule (19920 • Information Collection Rule (1996) • Consumer Confidence Report Rule (1998) • Current Water Report • Disinfectants and Disinfection By-Products Rule (2002) • Radionuclide Rule (2003) • Surface Water Treatment Rule(1990) • Interim Enhance Surface Water Treatment Rule (2002) • Public Notification • Arsenic • Unregulated Contaminant Monitoring Rule (2002) • Long Term 2 Enhanced Surface Water Treatment Rule (2006) • Ground water Rule (2006)
A cursory glance at the regulations shows the lopsided nature of the water regulation in the US. The regulations mainly border on water quality and standards. The Human Right to Water is rarely mentioned in water regulations in the US. The Abstinence of US to vote in the UN General Assembly resolution to pass the right to water further pushes to the back burner the advancement of water rights in the US.
Availability

The availability of water in the context of the human Right to Water refers to the sufficient and continuous supply of water which must be available for basic personal and domestic uses which including sanitation and hygiene.[7]

Residents of Portland obtain their water from the Bull Run watershed which is considered to be one of the safest drinking water sources in the U.S. The Portland water system serves drinking water to about 932,000 Oregonians, almost one-quarter of the population of Oregon.[8]
Quality
The quality of drinking water in Portland, Oregon is considered very high and one of the best in the U.S. such that it does not need to be filtered. The Bull Run source meets the filtration avoidance criteria of the 1989 Surface Water Treatment Rule and has had a filtration waiver since 1991.[9] The Portland Water Bureau performs approximately 54,400 analyses on 11,800 water samples each year and the water system meets or surpasses federal and state drinking water standards.[10] In 2009 Westside of Portland got contaminated with the E-Coli virus forcing the Public Water Bureau for the first time in the history of Portland to issue an emergency boil -water alert to about more than 50,000 customers.[11]

Accessibility
Accessibility as a major component of the human Right to Water recognizes the fact that the mere availability of water does not guarantee access to safe and clean water. The General Comment 15 therefore requires that everyone within the jurisdiction of the state must have access to safe and clean water and sanitation services without any sort of discrimination such as physically, economically or denial of participation in the due process of water and sanitation issues.
The Portland Water Bureau in 2010 started its policy of water shut-off to force delinquent multi-family accounts holders to pay their bills. This policy according to the Bureau is an effective measure in deterring landlords who collect water levies from their tenants but refuse to pay their water bills. The policy however virtually violates the rights of tenants who through no fault on their part will have to be denied access to water. The availability component of the right to water which requires water to be supplied sufficiently the continuously is also violated by this policy.
The policy will also negatively impact on vulnerable groups such as the elderly, sick and children. The bureau instead of directly holding landlords responsible for their bills is making innocent tenants the victims. There are other feasible ways of making delinquent landlords pay their water bills. For instance landlords who consistently default in the payment of their water bills should have that included in their credit history. Secondly, other methods of credit retrieval such as liens could be sought to ensure landlords pay their bills.

Affordability

Water and sewer tariffs in Portland as already mentioned above are among the highest in the country. The Public Water Bureau has various financial assistance programs to help customers pay their bills. Many low income households which are unable to pay their monthly bills are assisted by the Public Water Bureau through their income discount and bill discount programs which have eligibility requirements. Households experiencing financial difficulties may receive a voucher of up to $150 every 12 months if qualified.[12]

Nondiscrimination

Non-discrimination in human right to water seek to ensure that practical legislation and action is taken to make water facilities and services accessible to all, including the most vulnerable, marginalized or poor populations without any kind of discrimination due to race, social status, gender etc.[13]

The Public Utility Commission (PUC) of Portland has one of its main roles to protect customers from inadequate or discriminatory service and unreasonable rates. According to the Oregon Administrative Rules, water utilities are required to provide service in a nondiscriminatory manner without any basis for discrimination. Defaulting customers who refuse to duly pay their bills can have their service disconnect if the due process of service disconnection as provided by the commission is followed.[14] Customer’s water service cannot be disconnected for non-emergencies on a weekend or a state or water utility recognized holiday unless mutually agreed upon by the customer. All water utilities are obligated to serve its customers regardless of the situation and cannot unilaterally abandon a service without the approval of the Commission. To be able to obtain the approval of the Commission to abandon service to a certain given area or population, there must be a viable alternative water source available to the customers.[15]

Information Accessibility/Due Process

The Consumer Services Section of the Public Utility Commission provides assistance to the public in resolving concerns, conflicts and disputes with utilities. The Administration Hearings Division conducts rulemaking and contested case hearings on issues concerning utility services.[16] Customers who therefore feel discriminated against or are dissatisfied with water services provided by their utility company can lodge a complaint with the PUC to receive redress.

Budget forums are held in communities to solicit community views and contribution in the budget of Portland. Water budgets are therefore be discussed in these budget forums to give people the opportunity to know the amount of money is spent on water projects and how such money is going to be raised. One downside of these budgets is that they are predetermined by board members or trustees before the public has any say.

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[1] Black & Veatch (2010): 2009/2010 50 Largest Cities Water/Wastewater Rate Survey http://www.bv.com/Downloads/Resources/Brochures/rsrc_EMS_Top50RateSurvey.pdf [2] The Oregonian (2011): Plans for big rate increases put Portland Water Bureau in spotlight http://www.oregonlive.com/portland/index.ssf/2011/03/plans_for_big_rate_increases_p.html [3] ibid
[4] ibid
[5] Corso PS, Kramer MH, Blair KA, Addiss DG, Davis JP, et al. (2003) Cost of illness in the 1993 waterborne Cryptosporidium outbreak, Milwaukee,Wisconsin. Emerg Infect Dis 9: 426–431.Ph (2003): Costs of Illness in the 1993 Waterborne Cryptosporidium Outbreak, Milwaukee, Wisconsin.

[6] Portland Water Bureau (accessed 01/23/2012):Regulations http://www.portlandonline.com/water/index.cfm?c=29591&a=357749 [7] General Comment 15 (2002): The right to water (arts. 11 and 12 of the International Covenant on Economic, Social and Cultural Rights). Page 5
[8] Portland Water Bureau (2012):Population and Service Area http://www.portlandonline.com/water/index.cfm?c=29460&
[9] Portland Water Bureau (2012):Water Quality http://www.portlandonline.com/water/index.cfm?c=29337&a=327648
[10] ibid
[11] The Oregonian (2009): Portland issues Westside water-boil alert after E. coli found in reservoir http://www.oregonlive.com/politics/index.ssf/2009/11/water_bureau_issues_boil_water.html [12] Portland Water Bureau portal(2012): Financial Assistance http://www.portlandonline.com/water/index.cfm?a=337930&c=48895 [13] General Comment 15 (2002): The right to water (arts. 11 and 12 of the International Covenant on Economic, Social and Cultural Rights). Page 6

[14] Public Utility Commission, Oregon Portal (2012): Frequently Asked Questions http://www.oregon.gov/PUC/water/faqs/faqco.pdf?ga=t [15] ibid

[16] Public Utility Commission, Oregon Portal (2012): Consumer Service Section
http://www.puc.state.or.us/PUC/consumer/index2.shtml