The $210,000 Typo That Could Decide Who Owns Yakima's Water
A spelling dispute over 'affect' versus 'effect' in a North Yakima water franchise threatens to hand the city a fortune—or leave it at the company's mercy.
North Yakima.—The spelling of the 13th word in the phrase "and failure to comply with the terms of this ordinance shall not affect the rights of said Northwest Light Water Company," may cost the city the difference between $92,000 and $300,000 when the water system is bought by the municipality.
If the word is "affect," the franchise is irrevocable, but if the court finds the word is "effect," the phrase means nothing, and the company is at the mercy of the city. The word is spelled one way in the original franchise and the other way in the printed ordinance.
“If the word is "affect," the franchise is irrevocable, but if the court finds the word is "effect," the phrase means nothing, and the company is at the mercy of the city.”
Utility franchises and public contracts still turn on precise legal language, and a single word can shift millions of dollars and decide whether a city controls its own water. Yakima's 1909 fight is an early warning about reading the fine print before signing away a public resource.
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