Jefferson County Policy Statement on Implementation of the Watershed Plan for WRIA 17

The Jefferson County Board of County Commissioners agreed upon this formal policy on the morning of October 24, 2005. They will consider a resolution adopting to policy at their November 7, 2005 meeting. This policy was developed to make a clear distinction between the WRIA 17 Planning Unit's work on the watershed plan and the instream flow rule being proposed by the Washington Department of Ecology.

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Jefferson County Policy Statement on
Implementation of the Watershed Plan for WRIA 17

Introduction

It is the County’s belief that water is a resource that requires careful management and that we have the creativity and ability to work together to provide that management.

We wish to point out that our County has a long-standing history and legacy of large public policy efforts, applied very effectively with the cooperation of our citizens.

We believe in and continue to rely on the good will, common sense, and creativity of those citizens.

We agree that we have the wisdom to manage our water resources by working together in good faith. We recognize the need to act as good stewards in conserving and using water wisely, and that we should not wait until we have a water availability crisis before we work together to make improvements in the ways that we use water. We understand that at present we annually use approximately 4% of our groundwater recharge, and that this represents a use of about 14% of WRIA 17's appropriated water.

We recognize that we are at a new point in the west’s long and enduring dialog on water use. Water law set during previous generations with somewhat different needs than ours may need review and consideration of how well they apply to today’s conditions. We approach this issue with fairness, creativity, and honesty.

Background

Under the provisions of the Watershed Management Act of 1998, a watershed planning unit representing local governments and stakeholder groups was formed several years ago to develop a watershed plan for the Quilcene-Snow Watershed, otherwise termed Water Resource Inventory Area 17 (WRIA 17). The watershed is one of 62 WRIAs in Washington, and one of sixteen that were determined to be critical watersheds for the survival of threatened and endangered fish species.

The adopted watershed plan contains 43 recommendations for improving water resource management practices and protecting and enhancing fish and wildlife habitat in WRIA 17. Recommendation 34 of the approved watershed plan is the adoption of instream flows. This instream flow will become a rule in the Washington Administrative Code (WAC), and will establish a water right in the line of seniority under Washington water law to maintain acceptable flows for fish habitat. The WRIA 17 Planning Unit has not reached agreement on an instream flow rule.

The Washington Department of Ecology has authority to establish WAC rules to implement the Revised Code of Washington (RCW) as passed by the Legislature. The process for establishing such rules involves public notice and opportunities for participation. Because the planning unit did not reach agreement on a rule within the specified time limit for doing so, the Department of Ecology proceeded with conducting the rule-making process, and has released several drafts of the proposed rule for WRIA 17. In its present form, the September 20, 2005 draft imposes severe limits on future surface and groundwater withdrawals. While senior water rights are not affected, future water rights would be junior and interruptible.

County policy (October 2005) — Supported by the Three
Water Resources Goals in the Environment Element of the
Jefferson County Comprehensive Plan

1. The WRIA 17 Watershed Plan adopted unanimously by the Board of County Commissioners (BoCC) in January, 2005 is distinct and separate from the instream flow rule being proposed by the Department of Ecology. This separation should be published as necessary and appropriate to contribute to the public understanding of this distinction.

2. The Department of Ecology has issued a number of draft versions of a proposed instream flow rule for WRIA 17. The County is not in agreement with the provisions of this series of drafts.

3. A Department of Ecology official has acknowledged in local media that the agency has done a poor job of communicating its positions. The County’s sense is that several provisions of the draft rule are adequately enough communicated in the text of the rule as to cause grave concern to this legislative body that the Department of Ecology may well be exceeding its legal authority with several of the rule’s provisions.

4. While the County understands that doing nothing about water quantity challenges is not a good option, the premature adoption of a controversial and poorly thought out instream flow rule, supported by questionable assumptions, would be a serious mistake and would cause significant harm to the WRIA 17 Planning Unit’s efforts.

5. Recent public concern with the provisions of the draft instream flow rule have helped us understand that the citizen stakeholder groups most adversely impacted by the provisions of the proposed rule are not represented on the WRIA 17 Planning Unit. These stakeholders, having more at risk than other WRIA 17 residents, should be encouraged to form interest groups and be invited to the table as voting members of the WRIA 17 Planning Unit.

6. The County expects to see more solid, independently verifiable research, data, and information — preceded by an examination of what questions need answering — before a viable instream flow rule is adopted and implemented. Because this rule may contain significant economic development constraints affecting future viability of the County’s citizens and government, the research must be submitted to outside peer review for verification of the conclusions and recommendations before the rule will be accepted.

7. The County remains willing to be involved in the instream flow rule-making process, and fully expects to be included in the rule’s development. The County further intends to negotiate in good faith to achieve an agreed-upon strategy for actively managing instream flows. The Board of County Commissioners’ sense is that an expanded WRIA 17 Planning Unit is an appropriate body for pursuing an appropriate instream flow rule that addresses the County’s concerns.

8. The County is concerned about the challenge of consistent and impartial enforcement of an adopted instream flow rule, particularly if that rule is developed in an atmosphere of uncertainty and controversy. The County holds that most people — when provided with education, technical assistance, and incentives — will make the choice to use their water resources efficiently and wisely without the need for enforcement actions.

9. Good water resource stewardship is more effective when it is simply the way we act voluntarily as managers of the resource. It is not cost-effective to attempt to manage water resources through regulatory enforcement.

10. The watershed plan contains 43 recommendations generated through a consensus process. The plan can be amended as necessary, and as is required to be fully compliant with Washington law. The WRIA 17 Watershed Plan should be immediately reviewed to ensure that its provisions are all within the provisions of established Washington law. Ambiguous language needs to be clarified where it exists.

11. Action on the 42 remaining recommendations can and should proceed while the instream flow rule-making process continues as a separate activity. This includes moving forward with efforts to improve water conservation and habitat protection and restoration watershed-wide, particularly with regard to threatened salmon species.

12. Water availability and quantity for human, fish, and other wildlife use is an issue of concern to all. There are many options for managing instream flows and improving our water use practices that have not been adequately explored, planned for, or implemented locally. Any strategy for addressing water quantities must consider all options, including increased storage capacity optimally located for the specific storage unit’s intended purposes, along with the development of a comprehensive water conservation program. Highly restrictive water use, or rationing, while valid as a last resort, remains just that … a last resort.

13. Large-scale watershed management is a highly complex issue. Meeting the challenges of this complexity requires a multi-disciplinary approach, from legislative initiatives to implementation of technological advances. Coordination between governmental and private sector activities is essential. Improving our water use management is a time-consuming process, and it is important for our citizens to engage in voluntary efforts to help make wise use of our water resources.

14. Public information and education regarding the WRIA 17 process has been inadequate. That must change now that we are approaching the implementation phase of the watershed plan. Concerns expressed by citizens must be addressed quickly and incorporated into future deliberations. Those who will be affected by the plan must be allowed to participate in the making and implementation of the plan in order for the solutions to have willing public support.

15. The County supports developing a comprehensive water management strategy that protects salmon, ensures water supply, and supports local food production. A workable system that includes an agricultural trust water right or other measures that would tap new, reserved, conserved or transferred water for ongoing local food production is one of the key beneficial uses protected by regulation and is a priority.

16. We will evaluate and take advantage of available funding that is compatible with the County’s priorities to implement the Watershed Plan recommendations.

17. Other ongoing County programs and projects will be integrated into the watershed management process.

18. We recognize that our destinies are connected to the way we manage our water resources, and that we will share the results of doing so wisely.

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