Wednesday, July 26, 2006

Mediator joins water planning process

The following article appeared in the July 26 edition of the Port Townsend & Jefferson County Leader.

Mediator joins water planning process

By Kasia Pierzga
Leader Staff Writer


The mediator hired by state Ecology officials to get water resource planning back on track in Jefferson County comes across as knowledgeable, affable and direct.

Tom Anderson, water resources engineer for Bellingham-based Hydrologic Services Co., has just begun making visits to Jefferson County to size up the challenge of bringing local residents together to develop a plan that leaves enough water in the region's biggest watershed for both fish and people.

The watershed, known to Ecology officials as Water Resources Inventory Area 17, includes East Jefferson County from about Mount Walker north, extending to the northwestern shore of Sequim Bay in Clallam County.

Balancing the needs of farmers, homeowners, wildlife habitat and threatened species of salmon has proven to be a challange, in large part because of a strong sense of mistrust toward Ecology officials.

The process of developing an in-stream flow rule for the Quilcene-Snow watershed broke down in late 2005 after locals accused officials from Ecology of going too far with proposed restrictions on water use and failing to take the needs of people into account.

Relations between Ecology and some locals and government officials soured to the point that Olympic Peninsula legislators were called in to mediate the crisis.

Before a crowded audience in Port Townsend in November 2005, Joe Stohr, special assistant to state Ecology Director Jay Manning, admitted the agency "probably went too far, too fast," and promised to step back and come up with a way to include more voices in the watershed planning process.

Time to regroup

That's where Anderson comes in.

He and his employer have been hired by Ecology to develop a public-involvement process that ensures that Jefferson County stakeholders — everyone from farmers, property owners and developers to government agencies, Indian tribes and environmental groups — have a voice in the water resource planning process.

Anderson, a professional engineer, said he has had a lifelong interest in water rights, Western water law and how people use and value the resource.

As the manager for 16 years of the public utility district that provides water and electricity to much of Whatcom County, including Bellingham-area oil refineries and the Intalco aluminum smelter, Anderson gained a strong understanding of the legal aspects of water management and watershed planning. But it was his early experiences growing up on a small Camano Island cattle ranch that shaped his understanding of how people relate to water resources.

"I'm a farmer at heart," he said.

He said one of his biggest challenges will be overcoming common misconceptions about water rights and water law in Washington.

"Water is something that's part of the commons," he said. "People don't always know or appreciate that."

Anderson views his role as a "hired gun" who is expected to help Ecology rebuild damaged relationships with local residents.

"I've been hired to come up with a public process to help dig them out of their own hole," he said.

The current controversy over Jefferson County's critical areas ordinance could actually help make Anderson's job easier.

Because the environment and water protection laws are already on the minds of so many people, Anderson said it shouldn't be too difficult to get people interested in the rather dry process of planning for water.

Then again, "easy" might not be the right word.

"This community kind of has a reputation for facilitator-bashing," Anderson said with a wry smile.

A key first step is getting opinion leaders and other high-profile stakeholders to buy into the process.

"I need to make allies out of them or I'm dead meat," Anderson said.

What's ahead

Under its contract with Ecology, Anderson and Hydrologic Services have one year to bring people together to start developing a plan.

Ecology's Joe Stohr said he's optimistic that Anderson will be able to bring local stakeholders to the table.

"We want him to develop a process that connects DOE with people in WRIA 17 and helps us understand how water is used in the basin," Stohr said. "The biggest challenge will be coming up with a process that people feel engaged in."

Stohr said he got to know Anderson during his days at Whatcom Public Utility District 1.

"He's independent, and he does not always agree with DOE," Stohr said.

Anderson agreed with Stohr's characterization.

"I don't necessarily have any great love for Ecology," Anderson said. "They've pissed me off more than once."

A reputation for being fair, even-handed and open should come in handy as Anderson begins bringing Jefferson County stakeholders together for a dialogue about water.

"We need to have some open, sometimes tough discussions," Stohr said.

Anderson and his team will spend this summer and fall researching the issue and talking to local stakeholders.

"We hope to have a locally engaged group in place by the end of the year to facilitate the process," Anderson said.

The next step will be to identify options for regulating water use in the region. By summer 2007, the first draft of an in-stream flow rule should be ready for public review.

Anderson said he's confident the people of Jefferson County will come together to develop a plan to protect water resources for both people and wildlife.

"My sense is there's a strong ethic in Jefferson County to protect quality of life," he said. "You're going to have to employ water law to protect those attributes."

Wednesday, July 05, 2006

Letter to the editor

The following letter to the editor appeared in the July 5, 2006 edition of the Port Townsend & Jefferson County Leader.

Please note that we are not responsible for the content of letters to the editor, and that we provide them to help inform you of the range of community opinion on the issues we are working with. Content of this letter is the sole responsibility of its author.

Water questions

Editor, Leader,

Finally! After years of bitter battle betwen the 78 households who petitioned for Marrowstone water and for the 400 who petitioned against it, the real issue has publicly surfaced.

With last month's Public Utility District application, there is no longer doubt as to the real driver for piped water. Wally Barclay, the golf course owner, will get a waterline installed from Fort Flagler to his golf course. The winners, of course, are Wally — who can finally green his greens without incurring more wrath from the Deparment of Ecology for sucking his neighbor's wells, and the PUD — which will have a sure buyer of four to five million gallons of water every summer.

The losers, of course, are the taxpayers who will fund the project and the Hadlock residents (and salmon) who are being robbed of that five million gallons. And certainly, there will be some households who will be disappointed that Marrowstone will continue to be the place they moved to, their marginal wells included. Perhaps instead of pointing their anger at neighbors who have opposed piped water, however, they will begin to see how badly they were used to manifest a millionaire's dream.

Janet Welch
Nordland


(M. Kelly Hays, president of the Jefferson County PUD 1 Board of Commissioners, responds: In August 2002, Marrowstone property owners petitioned PUD No. 1 to study a public water system. In May 2003, PUD Commissioners Sullivan, King and Roberts, based on documented interest and need, authorized the study of a Local Utility District, LUD No. 14, by resolution. By law, property owners can protest the decision and if over 50 percent protest, the LUD is canceled. In April 2004, after an insufficient number of property owners protested the project, the PUD unanimously approved LUD No. 14. Opponents then filed a lawsuit to stop the project. After the opponents had an opportunity to validate their claims in court, the judge ruled in favor of the PUD. PUD water will be provided to each property owner on an equal basis. The PUD promotes conservation but does not have the authority to regulate how water is used. That is the responsiblity of the Department of Ecology, whether from private wells or public water.)

Marrowstone appeal denied

The following article appeared in the July 5, 2006 Jefferson County edition of the Peninsula Daily News.

Marrowstone appeal denied

By Jeff Chew
Peninsula Daily News


PORT TOWNSENDThe Jefferson County Department of Community Development has denined a Marrowstone Island environmental group's appeal of the Public Utility District's shoreline permit needed for a project to pipe water to the island.

A Lawyer for Conserve Water First said the group's next legal step would be to file an appeal of the permit with the state Shoreline Hearings Board.

Conserve Water First is opposed to building a public water system its members fear would attract development and destroy the island's realaxed character.

There are also arguments over the Chimacum Valley aquifer, wetlands, soils, the shoreline, water rights and water capacity.

WIth too little water on the island, some residents have installed rain-water catchment systems at their homes to decrease their dependence onwells.

But other islanders want a public water system because their wells have become contaminated by saltwater intrusion.

In January 2005, a judge dismissed a lawsuit challenging procedures that the Public Utility DIstrict used to justify building the system, which would serve the 850 residents of the island.

Conserve Water First is now arguing aginst the determination that the project is exempt from the State Environmental Protection Act, according to assistant county planner David Johnson.

"But they don't have an adminstrative remedy other than appealing the decision to the appellate hearing examiner," said Johnson.

"Unfortunately, the hearing examiner doesn't have the authority to review the official categorical exemption, so we are denying their appeal."

Johnson said he was sending Marrowstone resident Ray Harker, Conserve Water First's representative in the appeal, notification that the group has 21 days to file an appeal in Superior Court.

Appeal to state

Gerald Steel, the group's Seattle-based attorney, on Monday said his client's next move was to appeal to the Shoreline Hearings Board.

"We actually requested that he deny the request," Steel said, adding that it would show that the group had legally exhausted all legal means.

By going to the Shoreline Hearings Board, Steel said, Conserve Water First could prove the county failed to follow SEPA.

Major hurdle cleared

Deputy Hearing Examiner Mark Hurdlebrink, a Tacoma-based lawyer, two months ago granted a substantial shoreline permit for Jefferson County Public Utility District, clearing a major hurdle in the district's efforts to construct a Marrowstone Island water system.

Hurdlebrink's decision granted PUD the shoreline permit, allowing it to build within 200 feet of the fresh-water-deficient island's shoreline.

Water for Marrowstone, the group that requested and supported the PUD project, cites about 100 wells of the estimated 500 in existence on Marrowstone Island that are either dry or contaminated by saltwater intrusion.

The shoreline permit clears the way for a conditional use permit for the Marrowstone water system project, which would allow PUD to lay eight-, six-, four- and two-inch water lines along county and state roads crisscrossing the island.

In about nine areas the waterlines would come within 200 feet of the shoreline.

Jim Parker, PUD general manager, said Monday that he was not surprised by the legal development since the SEPA issue is not a shoreline issue.

Parker said indications are that the county Department of Community Development is going to require a SEPA review of the PUD's Marrowstone water project anyway.

Meanwhile, Parker [and] the PUD commissioners are expected on July 14 to open bids on a project that would build the first 3,000 feet of Marrowstone pipeline from the Fort Flagler State Park reservoir to state Highway 116.

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Port Townsend/Jefferson County Editor Jeff Chew can be reached at 360-385-2335 or jeff.chew@peninsuladailynews.com.