San Juan County Water Resources Management Committee

WRIA 2

DRAFT MINUTES

October 15, 2003

San Juan Island Grange, Friday Harbor

Members atteding:     Betty Gilson, Ted Wixom (co-chair), Ron Mayo, Brent Snow (chair), Bob Eagan

Members absent:        John Ryberg, King Fitch

Staff:                           Mark Tompkins, Vicki Heater, SJCHCS; Jerry Rasmussen, SJCPW

Others:                        Sandy Taylor (Olga Water board member, salmon interests); Stu Stephens, Diane Baxter, Wanda Evans (Doe Bay Water board members); Jim Nelson (president, Eastsound Water board); Jim Schuh (State Parks)

Strategies for water resource planning on Orcas.  Ted opened the meeting and announced that the agenda would go directly to the discussion of planning for Orcas, since several visitors would need to leave early.   Mark distributed a letter from the Olga Water System board stating their concerns about being forced to join their water system into a water district.

Vicki discussed the background for the type of planning proposed for Orcas and described how the process worked on Lopez.  She explained that people on Lopez had also been concerned about being forced to join a utility district, but that this fear was eventually allayed.  It takes a 60% vote of the residents in a proposed district boundary to establish a new public utility.  The Lopez planning effort involved looking at water system capacity to serve the village area, studying the aquifer to evaluate how much water is available, and recommending a local water users association to carry on with monitoring, water system cooperation, and working with the state and county to manage the resource.  Discussions included an analysis of water rights, future water use, the feasibility of establishing a public utility district (the conclusion was not at this time).  The planning was lead by the Lopez committee with support from county staff, consultants and retired professionals (who volunteered their time).

Sandy Taylor, member of the Olga Water System board, said he was present as an individual, but as an Olga board member was working with Vicki to come and discuss the issues with the Olga board.  He asked how many people were aware of the recent water right change for Cascade Creek, and said it was not adequately publicized.  Bob Eagan agreed with this, at a meeting with Ecology staff last week he brought up the fact that there was a lack of communication, since the water system has a moratorium on new connections and is not providing service in its service area.

Mark urged that stakeholders who have an interest in the Cascade Lake/Mountain Lake watershed need to get involved in planning in order to coordinate, address issues with Ecology as a group.

Sandy suggested setting up an email notification process for everyone who is interested and sending Ecology a letter of concern, asking to be notified.  He talked about different versions of water right data: county data, Ecology data, and the recent preliminary report by Framatome on instream flows in the area.

Jim Nelson said that its important to get a handle on water rights, but we don’t have a handle on the amount of water available, a compele analysis of the watershed, to see if it can accommodate water rights already allocated.  Eastsound is not interested in usurping anyone’s water rights, but wants to see if there is excess capacity.  Until we have a complete analysis we are in the dark.  Everyone needs to understand the realities so that we can get agreement on how to manage.

Ron Mayo talked about the Lopez planning and said that control is in getting together.

Brent Snow asked for staff recommendations.  Vicki recommended setting a planning boundary that includes Eastsound and Rosario service areas, but include members on the committee that represent all stakeholders in the watershed.

Brent explained that as general manager of Roche Harbor resort he is actively involved in working with state agencies and that the important thing to remember with water rights is the concept of beneficial use.  These include habitat, human consumption, irrigation, recreation, hydro power, etc.  If there isn’t overall planning, individual interests control water use, and the environment generally looses.  Typically the most powerful voice is heard and smaller groups get left behind.

Sandy said that he has applied for three water rights, one for instream flow for his salmon recovery efforts.  He cited errors in the preliminary instream flow report by Framatome and objected to the term anecdotal referring to fish in the stream.  He provided the group with pictures of salmon at his project.  He said that he has been supplementing the stream with fish for three years, but that prior to that there were many fish returning to the creek.  Brent urged that a broader analysis is needed to consider beneficial uses, which need to be balanced.

Ted said that Ecology defines water rights, and will rely on local input if it is one voice, consensus.

Jim Nelson said that he is concerned about the designation as a critical area.  This raises fears.  He said it makes sense to develop an analysis, information, and then have regulations come later.

Vicki explained that this was also a problem on Lopez.  The process in county code and state law calls for designating a “critical” area, but regulations don’t necessarily occur at that stage.  It is a way of identifying a problem area and initiating the planning process.  Mark said that funding is often dependent on the declaration of a critical area, and if not funding, support from state staff.  He and Vicki agreed that this is not necessary, however, and that the planning process could be initiated with as a “level 2 assessment” under the WRIA planning grant.  Vicki said she would like to see a parallel process, with analysis and planning occurring at the same time, which was done on Lopez.  That way the committee is engaged in the process of developing information and is more directly involved.

Wanda Evans commented that the Doe Bay board was concerned that a county committee would set policy for the Doe Bay association.  That they do not want to be lumped in with the “problem” area.

Bob Eagan said he was concerned that Olga and state parks had not been invited to the initial meeting.  Vicki said that they had been invited, but apparently the right people weren’t contacted.  Bob said that they are in the same watershed and are already sharing the resource, part of one system.

Ron said that on Lopez the same statements were made, that their systems were ok today.  They found out by looking to 2020 that the use would double.  Wanda said that they have done projections.

Brent listed the concerns: fish; we have a good system, we’re fine; the process should be based on scientific information; this could be he camel’s nose under the tent, soon the camel will be in the tent . . .

Ted said that he has heard only one issue: fish.  There are other issues stakeholders need to address.  1) A watershed study.  Ten years ago it was agreed that one was needed but never done.  Now its necessary to clarify water rights and determine how fish fit in.  That in itself should be enough, but 2) no one is monitoring streamflow or coordinating withdrawals.  The lake is as low as its ever been.  Logs are piling up at the intake and need to be addressed.  There is a lot of self interest in planning and coordinating.

Stu Stephens said that state parks has an important interest.  Recreation is a beneficial use and if in 20 years the lake is 20-30 feet below the dam the public will have something to say.

Bob and Brent expressed the view that the stakeholders are already merged together in a common need to manage the resource.

Diane Baxter said that the Doe Bay board voted in favor of finding out more information.

Discussion followed of planning boundaries.  Stu recommended including Olga and Doe Bay in the study and planning but to limit the “critical” area to Rosario and Eastsound.  Mark said he would like to go to the Board of County Commissioners and recommend establishing a planning subgroup of the Water Resources Management Committee.

Bob moved, Betty second and all in favor: Set up a planning area that includes the service areas of Eastsound and Rosario and establish a committee that represents all stakeholders.

The committee had a break and several of the visitors left at this time.

The minutes of September 17 were approved as written.

Meeting with Ecology.  Mark informed the committee that Rod Sakrison was ill and would probably be unable to continue as San Juan County’s Ecology lead.  Mark, Bob, Brent, Jamie Stephens (chair of the Lopez committee) and Vicki attended a meeting in Bellevue with representatives from Ecology involved in the WRIA planning.  This included Jeannie Summerhays, manager, Shorelands; Ray Helwig, NW Regional Manager; Geoff Tallent, watershed lead for Island and Kitsap counties, filling in for Rod Sakrison who is on medical leave; Buck Smith, Water Resources; Jerry Lisak, hydrogeologist, Water Resources; Dan Swenson, manager, Water Resources; Chris Parsons, CTED.

Mark said that they were invited to speak frankly and expressed frustration with lack of staffing, and lack of follow up on important issues, such as rainwater catchment.  Another concern was the way that the review of the Lopez Village groundwater model report was handled.  It was unnecessarily critical in tone, particularly since staff and the committee did not disagree with the basic comments (the need to be conservative since one year of data and a limited model is not sufficient for long-term decisions) and the final Lopez Village report and plan reflect these concerns. Bob Eagan brought up the issue of lack of communication, which included the recent water right changes.  County staff and the Water Resources Management Committee were not informed about specific changes or asked for comments.  Dan Swenson recommended waiting for a legislative change to address the rainwater catchment issues, since writing a local rule would take 18 months.  Jeannie agreed to keep track of future meetings and make sure that staff was available and responsive and to make staff available to assist in long-term monitoring on Lopez.  Mark said that Jeannie has called him three times since the meeting and that Ecology seems committed to fill the gap.   

Meeting adjourned at 11:30.

Respectfully submitted,

Vicki Heater

Orcas Island Watershed Planning