Sunday, August 06, 2006

Clallam PUD questions Ecology

The following article appeared in the August 6, 2006 Jefferson County edition of the Peninsula Daily News.

Clallam PUD questions Ecology

By Brian Gawley
Peninsula Daily News


PORT ANGELES — Water rights issues have always been a contentious issue in this state.

The state Legislature has tweaked the state's water rules and regulations over the years to try to expedite the processing, granting and transferring of water rights.

But there are still going to be disputes.

The three Clallam County Public Utility District commissioners signed a letter to state Department of Ecology Director Jay Manning last week regarding one such dispute.

The three Clallam County commissioners will also be signing the letter.

The issue involves Battelle Memorial Institute's water rights application being processed before instream flows were established for Water Resources Inventory Area 18, while Clallam PUD was told to wait for those instream flows to be established before applying for water rights.

The letter states that Clallam PUD wants new water rights to serve the fast-growing Carlsborg and prevent the proliferation of exempt wells in the area as recommended by the Water Resource Area 18 plan.

Two questions

The letter asks two questions.

What criteria did Ecology use to decide to process Battelle Memorial Institute's water rights application before instream flows were set, contrary to WRIA 18?

What is the relationship between the rulemaking, processing applications for new water rights and changing existing water rights and the cost reimbursement program?

"The letter's pretty self-explanatory. Ecology is sending mixed messages, telling us one thing and Battelle another," said Clallam PUD board chairman Ted Simpson.

Battelle's large complex is on the shore of Sequim Bay.

Ecology is issuing some water rights and doing some deals, Simpson said.

But when agency officials visited recently, they said nothing was being done in the Sequim-Dungeness watershed because of the number of water rights submitted, he said.

"Why did you tell Battelle to proceed and tell us not to? I think it's a reasonable question," Simpson said.

"We have some water rights applications pending, but you wonder what their status is? How many are valid?" he said.

Looking for consistency

Clallam County Commissioner Steve Tharinger, D-Dungeness, said the county is just looking for consistency from Ecology on the processing of water rights.

County officials aren't interested in interfering with Battelle's water rights application, Tharinger said.

The county commissioners just want to know what Clallam PUD needs to do to get water rights for the Carlsborg area, he said.

"We need clarity for getting rights for water in the watershed. Clallam PUD would manage any water system.

"We want to make Ecology aware of this inconsistency and impress them that this is an issue we want to move forward on as soon as possible," Tharinger said.

Reporter Brian Gawley can be reached at 360-417-3532 or brian.gawley@peninsuladailynews.com.