WRIA 1 Watershed Management Project
Watershed Management Forum
June 2, 1999
INTRODUCTION
The Forums are an essential component of the WRIA 1 Project as they provide significant opportunities for members of the general public to give feedback in the process of watershed management planning. In addition to watershed education, citizens will receive updates on the work of the Initiating Governments, Planning Unit, and Caucuses. The forums will also provide an opportunity for citizens to give input on this work. Pre-Planning Unit Meeting Forums will allow participants to address upcoming agenda items. Post-Planning Unit Forums will keep the public abreast of the activities of the Planning Unit. And quarterly educational Forums will expand the public’s understanding of technical team’s activities and long-term effects of the WRIA 1 Project for the community. Upcoming Forums dates are July 7, September 1, and October 6, 1999.
WRIA 1 PROJECT OVERVIEW
At the June 2 Forum, Tom Anderson of P.U.D. No. 1 gave an overview of the WRIA 1 Watershed Management Project. The WRIA 1 Project will take time for all the parties involved to work toward agreements on the water resources issues involved. The three phases of the project are (1) Assessment, (2) Analysis, (3) Implementation.
The assessment phase will involve the collection of existing and new data regarding water quantity, water quality, and fish habitat.
The water quantity component of the assessment phase will involve determining how much water exists, how much is needed for fish, and how much is available for allocation to other users. The WRIA 1 Project will work with the U.S. Geological Survey (USGS) to gather data and to create a hydrologic model to estimate the quantity of water available for fish and other uses.
The water quantity component will also include a review of all existing water rights claims, applications, certificates, and permits in order to determine how much water is being used and how much water is anticipated to be needed in the future. The speaker stressed that, during this water rights analysis, public input will be important.
The water quality component of the assessment phase will gather data in an attempt to answer the following questions: What is the quality of the water in WRIA 1? What are the impacts of this quality? What quality standards are needed for fish?
The fish habitat component of the assessment phase will primarily be conducted through cooperative efforts now under way on behalf of the Lummi Nation, Nooksack Tribe, and Whatcom County. The data collected by this effort will be folded into the WRIA 1 Watershed Management Project.
The assessment phase will take time, and it important the public be effectively educated as to the impacts they might face as a result of the data collected and its use in future WRIA 1 watershed management planning efforts.
The analysis phase will involve the examination of the data collected during the assessment phase. All members of the Planning Unit, as well as the general public will do this examination. The data will be made available to the public through the WRIA 1 website and educational forums to fully explain the science involved and the possible implications of the information found. Once the data are examined, the Planning Unit members and the general public will have the opportunity to identify what needs to be done in response to areas identified as requiring corrective or preventative action.
The implementation phase is comprised of actions that will address corrective and preventative areas identified in the analysis phase. However, the assessment, analysis, and implementation phases will not be strictly sequential. It is a goal of the WRIA 1 Project to implement possible actions as soon as they are clearly identified rather than wait until all the assessment and analysis in the WRIA is completed.
The geography of WRIA 1 is somewhat unique in that the vast majority of the land involved is in one county – Whatcom. This key factor will allow for maintaining local control over watershed management in the WRIA, as long as the Planning Unit and the general public can come to agreement on solutions to watershed resource management and move forward to implement these solutions.
WRIA 1 PROJECT STRUCTURE
CAUCUSES
The caucus structure is a fundamental mechanism for public involvement in the WRIA 1 Project. Through a representative/constituency relationship, citizens will have direct input into the WRIA 1 Project through caucus membership. Caucuses will each have one representative who will sit on the Planning Unit, along with representatives from the Initiating Governments, state, federal and local governments. Currently, the caucuses are in varying stages of formation and are addressing issues of membership, communication, and representation. Caucus representatives or alternates gave the following brief reports on the status of each caucus.
A representative from the Agriculture Caucus was not present at this meeting. At this time the caucus includes members of the Agricultural Preservation Committee, area farmers, and interested citizens.
The Fishers Caucus represents both commercial and recreational fisher organizations, such as Trout Unlimited, Puget Sound Gill-netters, and the Nooksack Salmon Enhancement Association. This caucus sees their role as one of stewardship and they are interested in the overall health of the watershed.
Their regular meeting schedule is on the WRIA 1 hotline and website.
The Forestry Caucus is currently made up of small landowners, sawmill operators, and proponents of alternative forestry methods. The group will continue outreach efforts and welcome any new members. The interests identified thus far by the caucus are sustainable, economic forestry, and employment. They meet regularly on the third Wednesday of every month beginning June 21, 1999, at the Whatcom County Planning & Development Department office on the corner of Smith & Northwest Roads.
The Environmental Caucus is made up of representatives of existing environmental groups, as well as interested, unaffiliated individuals. The caucus has been working on their operating procedures and have established at least the following: members of the Environmental Caucus must be in regular attendance at meetings to qualify to vote; the caucus will use a consensus-based decision making process. They hold meetings every two weeks at the Re-Store on Holly Street.
The Land Development Caucus is comprised of members from the Associated General Contractors of Washington, Northern District; the Building Industry Association of Whatcom County; the Whatcom County Association of Realtors; and the Whatcom Sand Gravel Association. The stated goal of the Land Development Caucus is to achieve a balanced approach to solving local water resource issues.
The Non-Municipal Water Systems Caucus is comprised of the over 350 non-municipal water systems in WRIA 1 and is not open to the general public. The caucus has formed a 5-member steering committee and has sent out information regarding caucus contacts and meetings to all 350 systems. About 40-50 people have attended their meetings. A regular schedule of meetings will be established.
The Water Districts Caucus is comprised of Water Districts, which are units of government, and they expect to be treated as such in the WRIA 1 Project. The Water Districts, which have been meeting for the past two and a half years, have defined structures, which they will use for their caucus procedures.
The Diking & Drainage Districts Caucus is comprised of Diking / Drainage Districts and Sub-Flood Control Zoning Districts. They have selected a steering committee and meet regularly. The representative brought a map to show the magnitude of their work in the WRIA 1; there are 9,000 parcels in the sub-flood zone representing a large network of dikes. A significant issue for this caucus involves the management of floodwaters which move towards Sumas and then over the Canadian border.
The Private Well Owners Caucus was formed on May 5, 1999 at the WRIA 1 Watershed Management Conference. They are currently working on completing their application and submitting it to the Initiating Governments. Primary areas of focus are outreach to the estimated 2,000 other private well owners in order to promote the involvement of as many interested parties as possible. They also wish to determine who will be represented in this caucus, as the term private well could include some industrial well owners. A priority issue is to become educated regarding the technical work that will be completed by the WRIA 1 Project. They meet the third Thursday of each month at the Everson Senior Center.
DISCUSSION OF PLANNING UNIT MEETING PROTOCOLS
At the first Planning Unit meeting members will begin the process of developing operating procedures for the Planning Unit. A handout was provided to the attendees outlining a template for meeting operating protocols. While individual caucuses will be responsible for developing their own internal operating procedures, Representatives of the caucuses will work collaboratively with Initiating Governments and other Planning Unit members to create operating procedures for the Planning Unit table.
Questions raised from participants in response to this portion of the agenda included:
Q: This process will take a number of years, how can caucuses maintain continuity while their membership or representatives may change?
A: Official representatives to the Planning Unit are asked to make a long-term commitment and should be asked to step down if they are unable to do so. Regarding the general coming and going of the membership, if this goes on for some time and is found to be disruptive, the caucus can establish guidelines to manage this.
Q: Once decisions are made, will they be changed?
A: Incremental decisions being made are set unless new information becomes available which clearly requires a change. It should be kept in mind that some watershed management decision might require asking the State to change the law. This places such decisions out of the reach of local control and may result in the decision coming back to the table.
Q: What are the practical benefits the WRIA 1 Project offers to general citizens?
A: The process will sort out the current confusion over question of allocation and will provide more certainty regarding the future availability of water for all uses. Additionally, the WRIA 1 Project could significantly reduce the impact of the endangered Species Act listing of salmon by offering a measured response to the decline of habitat and stocks.
Q: Is past information from previous watershed planning efforts in the county being used?
A: Yes. The first task during the assessment phase will be to collect all available existing data.
SCOPES OF WORK
Jeremy Freimund of Lummi Natural Resources and member of the WRIA 1 Project Initiating Governments (IG) Staff Team presented an overview of the draft scope of work assembled thus far by the IG Staff Team. The current status of these scopes of work is that they are preliminary and incomplete. The scopes will be completed and finalized based on input from the Planning Unit, public comment, and peer review. Due to the short, 4-year time period available to develop a watershed management plan, and other factors (e.g. funding availability, ongoing related efforts), some work is already under way or in the advanced planning stages. Technical Teams to coordinate the work are currently forming.
Work in progress that will contribute to the WRIA 1 Project includes: Streamflow gauging by USGS, the Lummi Nation, and Nooksack Tribe; Depletion Analysis and Hydrologic Model development by USGS; Lake Whatcom bathymetry and shoreline survey by the Bureau of Reclamation; Streamflow Measurement Training by Lummi Nation and USGS; State Water Rights Analysis by PUD No. 1; Instream Flow Methods Conference; and Public Involvement and Education.
The following is a summary of the five Scopes of Works discussed during this Forum in preparation for the Planning Unit meeting discussion on Scope of Work.
The water quantity work will revolve around a Prior Appropriation Doctrine:
X – Y = Z Where,
X = amount of available water (undepleted)
Y = senior water rights
Z = amount of water available for allocation to junior users.
The draft water quantity scope of work includes four parts: 1) Streamflow Depletion Analysis; 2) Hydrological Model Development; 3) Federal Reserve Water Rights Analysis; 4) State Water Rights Analysis.
The draft water quality scope of work consists of five parts: 1) Potential pollutant source inventory and compliance evaluation; 2) Water quality data collection; 3) Identification of Best Management Practices for minimizing point and non-point sources; 4) Water quality model development; 5) Evaluation of alternatives.
The draft instream flow scope of work has three parts: 1) Select most appropriate method(s) to estimate the relation between streamflow and fish habitat quantity and quality; 2) Apply selected method(s); 3) Select minimum streamflow levels throughout WRIA 1.
A draft scope of work for fish habitat is under development as part of a coordination plan between the WRIA 1 Project and the HB 2496/ N.E.A.T. salmon restoration efforts. This scope of work will include habitat inventory, limiting factor analysis, production assessment, and other elements.
A Scope of Work is under development to expand the PIE efforts already undertaken by the WRIA 1 Project. The WRIA 1 Project includes the following opportunities for public participation: Planning Unit caucuses, Watershed Management Forums, Public Meetings, Public Hearings. Additionally, the project website and telephone hotline will used widely as two-way communications tools for fostering public involvement and education.
In conclusion, Jeremy outlined the following status of the WRIA 1 Project:
DRAFT MEMO ON WATER RIGHTS ANALYSIS POLICIES
A handout was circulated of a draft memo regarding suggested policies for guiding the water rights analysis to be managed by PUD No. 1: see attached document PUD No. 1 document. The attendees were encouraged to review it and to forward any questions, comments, or suggestions to the manager of PUD No. 1.
PUBLIC INPUT FOR ADDITIONS TO THE JUNE 16TH PLANNING UNIT MEETING
The floor was opened for public recommendations for additions to the proposed June 16, 1999 Planning Unit meeting agenda. No recommendations were made. The floor was then opened for general questions regarding the WRIA 1 Project.
Q: How will the Technical Teams, the Initiating Governments, Planning Unit, and Caucuses combine efforts and use other pre-existing groups working on water resource issues?
A: There are many water resources efforts going on. There is an effort underway to develop a coordination plan between the WRIA 1 Project and the N.E.A.T./ESHB 2496 Salmon Recovery effort in order to reduce overlap and duplication. Throughout the WRIA 1 Project, attempts will be made to identify ongoing programs (e.g. Flood Management Plan), and to coordinate any overlapping work. Part of that coordination will be to ensure that information is effectively managed and communicated to all interested parties.
Q: Whatcom County has a Comprehensive Water Plan. How does this fit in?
A: The WRIA 1 Project is an element in the County’s plan, yet the Watershed Management Act mandates that watershed management efforts under the law be implemented by the Initiating Governments.
Q: Where do private wells fit into the scope of work? How many are there?
A: In the depletion analysis. An accurate number of wells is not available. Through the depletion analysis, a number will be generated.
Q: Is there a meteorological framework to estimate?
A: Yes. The precipitation normal is a 30 year average; this and soil retention will be assessed, along with the existing map.
Q: Where are the funding resources for the WRIA 1 Project coming from?
A: There is a $4.4 million projected need, and these funds are currently being explored. We are hoping to split the load between Federal, State and local sources. Our efforts in fund raising are helped by the fact that this is a cooperative, inter-agency project utilizing significant public involvement. The WRIA 1 Project is funded through 1999 an early 2000. A discussion needs to begin regarding future funding from Whatcom County. The County will need to decide this year about how much money will be dedicated to the WRIA 1 project for next year. Public support for using local funds to match Federal and State funds will be critical.
Q: Will the WRIA 1 project involve using Best Management Practices or Adaptive Management Practices?
A: Adaptive Management Practices are Best Management Practices, in the speaker’s opinion. Participant was asked to bring this question to the Planning Unit through their caucus representative.
Q: Who are the N.E.A.T. people?
A: The N.E.A.T. group is similar to the WRIA 1 Project, it includes many of the WRIA 1 Project participants, such as Whatcom County, Lummi Nation, Nooksack Tribe, and includes other groups more specific to salmon recovery, such as the Conservation District.
Q: Who will be receiving the streamflow gauging training?
A: WRIA 1 Project is looking for governmental agencies who will pay for their own equipment and train other volunteers to assist in ongoing efforts to collect data. If you are interested get your name on the list via hotline, or e-mail to the IG staff.
Q: What is the purpose of the Instream Flow Conference?
A: The Instream Flow Conference will determine the advantages and disadvantages of the different methods. A decision document will be developed and be based on all methods and expert input as to what method(s) is the most appropriate for WRIA 1. Instream flow methods have been applied to the Nooksack, yet they may not be current or accurate enough to solve today’s problems.
Q: Will instream flow quantities be addressed?
A: Yes. First method(s) need to be determined then applied to WRIA 1.
Q: When are comments due on the draft scopes of work?
A: By the second Planning Unit meeting in the middle of September 1999. Comments can be made via the telephone hotline, website, or through your Caucus Representative on the Planning Unit.
Q: What’s being done here is excellent. How can I, a general Whatcom County resident, fit in? What can I do to see the technical work being done first hand?
A: Read up on the WRIA 1 Project, learn about historical, regional water resource issues, contact the caucuses to see where you fit in.
Q: When will the website be functional?
A: The website currently has meeting notices posted on it and the rest is expected to be functional by June 4th. A protocol to contact caucuses for updates to their information on the site will be developed by next week.
Q: What are some examples of technical work in progress?
A: USGS Streamflow gauging, Lake Whatcom mapping, a data catalogue from previous watershed planning efforts is available.
Q: Are there plans for an e-mail list(s) for active communication.
A: No, but that is a great idea and will be considered.
Q: Would you consider posting Planning Unit decisions on the website?
A: Yes.
Q: Is there a checks and balance system under the Watershed Management Act ESHB 2514?
A: The water quantity work is mandated should a WRIA choose to engage in a Watershed Management Act effort. The other three components, water quality, fish habitat, and instream flows, will be kept in check via regular reports submitted to the Department of Ecology.
Q: How will existing data from previous efforts be used?
A: These data will be collected, made accessible to the public, and assessed.
Input: How will the Federal and State governments contribute financially? In raising local money, it will be essential to show that the Federal and State governments are contributing a fair share. It will be important for citizens to contact their legislators to emphasize the importance of Federal and State financial involvement. The Federal and State governments need to contribute as a reflection of how Federal and State regulation, or lack of regulation contributes to water resource problems.
Response: Local planning is funded locally. There are limitations to State and Federal funds available.
Q: Are we asking for any money?
A: Yes. We are asking the agencies we are already working with such as USGS. There is more money out there and we are trying to search it out
Input: It would be nice to have a budget for this project, we need better cost figures.
Response: The draft scopes of work contain some cost information and we are working on additional information.
Input: Happy to hear that the WRIA 1 Project is seeking Federal money, but I would like to see local elected officials lobbying for this money too.
With no further business, the meeting adjourned at 8:59 p.m.
Memo
To: Members of the WRIA 1 Planning Unit
From: Tom Anderson, Manager of PUD #1
Date: May 27, 1999
Re: Needed Policy Guide Lines for Water Rights Investigation
PUD #1 has agreed to manage the process of investigating the existing claims, applications, permits and certificates for water rights in Whatcom County. This effort is a necessary part of the assessment of water availability and use in WRIA 1. It will take 3 to 4 years to go through all 8,000 files and analyze their contents.
Although necessary, this process will be uncomfortable for some water users in the county. One of the results of the effort will be that those users without adequate water rights for their use will be identified. The desire is not to punish these users but to clearly identify the amount of use that is not currently permitted. When the planning process is complete we can then explore if water is available or if mitigating measures can be advanced to allow these users to come into compliance with water law.
The goals of the investigation are as follows;
In order to make this effort possible it is important that the Planning Unit adopt policies as to how all water users will be treated in regards to the water rights investigation while the planning process is going on. To that end the PUD is suggesting the adoption of the following policies as guidance for the PUD’s management of the water rights investigation.
The PUD’s desire at this time is that members of the Planning Unit, Caucuses and public comment on these suggested policies so that appropriate discussion and adoption of policies can occur before significant investigation gets under way.
Please direct any questions, comments or suggestions to Tom Anderson at PUD #1, 1705 Trigg Rd Ferndale, WA 98248, Phone 384-4288, e-mail publicud@nas.com.