State water rule misused, Kessler says

This article appears in the November 2 issue of the Peninsula Daily News. An abbreviated version of the article appeared on their website under the title, "Kessler says Ecology interpreting 1995 law's intent correctly for Jefferson County farmers". The difference in title is because the newspaper publishes two versions, one for Jefferson County, the other for Clallam County.

It's worth noting that, in the article, Representative Kessler did not say what that online version of the article noted in its headlining. In fact, the subheading in the Jefferson County print edition said completely the opposite...

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State water rule misused, Kessler says
Lawmaker: Ecology interpreting wrongly against small farms

By Jeff Chew
Peninsula Daily News

PORT TOWNSEND — A North Olympic Peninsula legislator is questioning whether the state Department of Ecology is correctly interpreting the original intent of 1995 legislation that requires Ecology to write an in-stream flow rule.

The proposed statewide rule, which has raised the hackles of Jefferson County farmers, well drillers and others, is intended to provide enough water for fish habitat and human consumption.

Fruit growers and other agricultural interests, including small-scale specialty crop users, fear they will be limited in how much water they can use to remain in business.

State Rep. Lynn Kessler, D-Hoquiam, said she does not believe the rule should be interpreted to apply to agriculture.

"I don't think it was ever intended to keep small agriculture from surviving," Kessler said.

"We're going way out on a limb to save large agriculture, so why would we want to hurt small ag?"

Kessler's 24th District in the state House includes Jefferson and Clallam counties and most of Grays Harbor County.

Kessler said she hopes to bring all interested parties together in an attempt to clear the air.

"The DOE is blaming the Legislature, and the citizens are blaming DOE," said Kessler, who will visit Port Townsend on Nov. 10 with her 24th District colleague in the state Senate, Jim Hargrove, also of Hoquiam.

'In the same room'

"We need to all be in the same room and try to get through this," she said.

Kessler, Hargrove and Rep. Jim Buck, R-Joyce, announced Monday that they, along with Ecology representatives, have scheduled a public forum at 5 p.m. Nov. 10 in the Fort Worden State Park Commons, 200 Battery Way.

That meeting follows their pariticipation in a Jefferson County Economic Decelopment Council-sposored Economic Summit at the same location.

Kessler, state House majority leader, said with "so much angst going on" over the proposed in-stream flow rule, a public forum was necessary.

"We do know they didn't get enough people involved in it," Kessler said of Ecology's failure to communicate the rule's intentions with county residents.

She called the in-stream legislation "a really old bill passed when Republicans were in charge."

"I doubt they would have anticipated it would have been as far reaching," she said.

"It seems like the rule is silly because you can't meter (water use) and if you do do it, you have to meter it."

Today, residents can use up to 5,000 gallons per day per home.

Under the proposed rule, use could be cut back to 350 gallons per day.

"So what is with the 350 gallon per day limit anyway?" Kessler asked.

Kessler said she and a staff member will be discussing the issue this week with Ecology representatives.

Association forms

Lawmakers were hit with a barrage of e-mail messages in October from a group that includes agriculture, well-drillers and other water interests around Jefferson County.

Interest and wariness about Ecology's intent with the water proposal has led to the formation of the Olympic Water Users Association.

The association representing Jefferson County water interests was the outcome of an Oct. 20 meeting held at Chimacum Grange Hall.

More than 70 people at the meeting have shown interst in becoming members in the new water users association, group founders said.

Ecology policymakers, who want more study on how best to protect stream flows, came up with the proposed rule allowing access to 3.7 million gallons of water a day in Water Resource Inventory Area 17, which includes most of Jefferson County.

The proposed rule sets an average single household usage benchmark of 350 gallons daily, based on the assumption that the average person uses 70 gallons daily, Ecology officials said.

Under the proposed in-stream flow rule, water can be used exempt of a state water rights permit so long as what is grown is not sold commercially.

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