Part of BOCC meeting, Tuesday,
January 27, 2004
(3) Eastsound Water Users Association (EWUA) Request for Moratorium
of New Wells within EWUA Service Area Boundary - Mr. Tompkins
addressed the letter dated December 17, 2003 and supporting documents
from the EWUA, and his recommendation as contained in his Staff
Report dated January 22, 2004. There are concerns with over commitment
of the aquifer serving their wells. His department has discussed
their request with the Community Development and Planning Department,
Prosecutor's office, and the Water Resource Management Committee.
A complete copy of the "Camp Dresser McKee" report (which
is a Water Resource Expansion Investigation) has been requested.
He stated that based upon the information received, it appears
that the EWUA request is made on the best available science to
date. He recommended holding a public hearing to receive input
on the issue of a moratorium on drilling new wells and for new
water rights as proposed. The Board asked about the legality of
imposing such a moratorium. Mr. Tompkins explained that the State
has the ability to place a moratorium on drilling of wells. He
cited a Jefferson County case that determined that under the Growth
Management Act (GMA), the county has the right to protect a resource
and adequacy of the resource in an area. Mr. Marriner concurred
with Mr. Tompkins and referred to another case where the DOE has
taken action to protect a resource. He added that SJC does have
authority; however, it is not clear how much. Commissioner Evans
provided information on the issue. He concluded with the statement
that there is a waiting list for service from the EWUA and that
private property owners who cannot be served are potential drillers
of new wells. He expressed the opinion that this type of action
is not fair as it is a property rights issue. He offered that
EWUA should review the waiting list in their possession and provide
each individual residential parcel with a water unit. Any subdivision
development should then be reviewed to determine how resources
could be allocated. Commissioners Miller and Nielsen agreed with
the analogy presented by Mr. Evans and requested more information.
The Board offered that this is a reallocation issue and not a
health matter. Mr. Tompkins was requested to meet with the EWUA
and Orcas residents to discuss the issue. Commissioner Miller
stated she did not need to attend the initial meeting. Mr. Tompkins
also stated that other laws come into play besides those discussed.
Mr. Marriner addressed saltwater intrusion in Jefferson County
and steps taken in that County regarding a moratorium. Commissioner
Evans stated he wished to participate in any meetings scheduled
on this matter. Further discussions will be held when additional
information is available.
Sandy Taylor's letter to the Islands's Sounder and a letter to the BOCC Feb 12/2004
For more information see watershed planning under "Hot Topics" www.olgawater.com