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Construction of the most expensive public works project in Bend‘s history hit a roadblock before it even began.

A federal judge last week issued a preliminary injunction for a $68 million project expected to update and improve the surface water component of the city’s dual-source system. It stemmed from a lawsuit that conservation group Central Oregon LandWatch filed against the U.S. Forest Service, and came shortly before workers were to start the project’s first phase.

Now, it is uncertain whether the project will move forward.

鈥淭here’s no need for this project,鈥� said Paul Dewey, executive director of Stop the Drain, a subsidiary of Central Oregon LandWatch. 鈥淚t’s odd that the city of Bend is going this direction, which is what is driving this (injunction). At least for the time being, the project is stopped.鈥�

Bend relies equally on a surface water system that draws from Bridge and Tumalo creeks and a groundwater pumping system. In the first phase of the project, the surface water system’s two aging pipelines were supposed to be replaced with a new one.

However, the injunction will prevent construction from starting until at least next spring because the window to conduct in-water work in Tumalo Creek will close soon, according to city officials.

In the meantime, the city is being charged daily to keep the project on hold, said Justin Finestone, its communications manager.

鈥淚 can tell you it’s not inexpensive,鈥� he said. 鈥淲e’re calibrating right now how much exactly we’ll be paying.鈥�

The lawsuit filed by Central Oregon LandWatch claims that the Forest Service, which granted the city a special use permit for the project, did not follow regulations established by the National Environmental Policy Act. Rather, the Forest Service used a faulty system to predict stream temperature data, Dewey said, and didn’t take into account waterway degradation standards. The judge agreed and imposed the injunction.

鈥淭he Forest Service said that there was going to be degradation, but not much,鈥� Dewey said. 鈥淏ut it’s a no-degradation standard, and (the Forest Service) violated it here.鈥�

Forest Service officials declined to comment on the matter because of the pending litigation.

Earlier this week, representatives for the involved parties met to try to reach a settlement. Another meeting is planned for Nov. 2. City officials would not discuss the negotiations nor state whether a resolution is close.

鈥淲e don’t know (whether the project will start),鈥� Mayor Jeff Eager said. 鈥淭hat is going to be determined at least in part by the outcome of the litigation.鈥�

Stop the Drain members are looking to put the project on hold indefinitely. In their opinion, the project will cause irreparable harm to Tumalo Creek by degrading its water quality, removing too much of its water and harming surrounding wildlife (Tumalo formerly held endangered species).

The project is not necessary, Dewey said; the city has a substantial groundwater supplies that it could use instead.

鈥淲hat we’re really after is the restoration and protection of Tumalo Creek,鈥� he said. 鈥淭his is the first proposal in 20 years to take more water from any creek (in the Deschutes Basin area). This project has a huge bad precedent to take more than it should be taking.鈥�

The project’s first phase had a $30 million price tag. Originally, the other two phases 鈥� a new intake facility and hydroelectric plant totaling $38 million 鈥� were going to follow immediately; however, the city recently put those phases on hold.

City officials believe replacement of the surface water system’s pipes is necessary because of their condition and a need for more water. A new pipe alignment is necessary, Eager said, because existing pipes travel beneath multiple privately owned structures; maintenance would require that their floors be torn up.

But some of these city officials may soon be unseated. Election Day is approaching and four city council positions will be decided by voters; some potential replacements oppose the project, Dewey said.

鈥�(The city was) very upset about (the injunction),鈥� he said. 鈥淚 think they were surprised because in newspaper reports they said that they expected to win.鈥�