Nov 16, 2012 ... Key Messages: Dungeness Water Management Rule. November 16, 2012.
Adoption of the Dungeness water management rule manages water ...
Key Messages: Dungeness Water Management Rule November 16, 2012 Adoption of the Dungeness water management rule manages water supplies for current and future uses for the benefit of people, community development, agriculture and fish in the Sequim area. Effective date of rule is January 2, 2013. This rule represents a new approach for water management. The rule is just one part of a comprehensive suite of actions aimed at protecting the local environment, economy and communities. It makes the most of available water supplies in the Dungeness Basin. The rule and actions are structured to protect critical fish species without interrupting new development in the basin and provide added certainty for agricultural water users. Underlying the new rule is unprecedented cooperation and collaboration among local leaders to influence and help tailor the rule package so it serves all interests. Unlike other areas of our state, diverse interests committed to working together as partners rather than adversaries. After 18 years of watershed planning, this customized rule is ready to be adopted. First addressed in the Dungeness-Quilcene Water Resource Plan in 1994, and again recommended in the 2005 Dungeness Watershed Plan, Ecology began the process to draft the rule to adopt instream flow levels in 2007. Ongoing consultation with local and tribal governments, stakeholders and interested citizens aided this work. A preview draft rule in 2009 allowed broader consultation. A request by local leaders to have more time to develop local solutions to water supply led to the 2011 Agreement in Principle, with Ecology hitting the “pause” button to allow time to work on the broader suite of needed solutions. Within the Agreement in Principle is the promise to finalize the rule in 2012 – and Ecology is fulfilling that obligation made to Dungeness basin leaders. New era in water management includes new solutions that support quality of life A new era in water management for the Dungeness is beginning because local community leaders were willing to reject the water wars of the past and work together on water supply solutions that let everyone who needs water come away from the table a winner. Solutions include a variety of new agreements and actions, including the new water rule. Solutions include:
Clallam County and Ecology are working to ensure water for domestic use will be available on Day 1 of when the rule takes effect. New out-of-stream domestic reserves, which can be replenished, will avoid disruption to the local economy and property owners. Revised certificates of water rights and an updated agreement on trust water provide more certainty for local farmers on their water rights. Dungeness Water Exchange is a new option for new households to obtain mitigation credits. 21 water supply and conservation projects have been rated and funding is being pursued. Processing the backlog of pending water rights applications can begin. Financial assistance is being made available for essential domestic water uses for property owners to help in the transition to the new mitigation requirements. A budget request to the state Legislature has been made to fund water supply and flow enhancement projects.
Agreement among tribal, local and state governments on a flow restoration strategy for the Dungeness River and small streams.
What is the effect of the new rule when it takes effect January 2, 2013?
Sets instream flow levels for the watershed, which are water rights for the Dungeness River and its tributaries. The instream flow levels support year-round habitat needed to sustain fish populations listed as threatened under the Endangered Species Act including Chinook, chum, steelhead, and bull trout. Closes or seasonally closes the Dungeness River and streams to future withdrawals of surface water and restricts new groundwater withdrawals that would affect closed surface waters. Requires mitigation for new consumptive uses of water, meaning new water uses must be offset. Establishes reserves of water for future domestic (household) uses to ensure that new water uses will be possible. Allows water storage projects. Requires measuring of new groundwater withdrawals.
New Water Use will Need Mitigation Credits The new rule does not prohibit future permit-exempt well use. The rule is structured to allow for new uses of water without harming flows for fish. The new rule requires people or businesses that need new uses of water (not served by the City, PUD or other existing water supply systems) to mitigate for the new use. They can (1) develop their own mitigation plan for approval by Ecology or they can (2) contact the Dungeness Water Exchange and make a choice about which “water package” they need. Obtaining mitigation through the Water Exchange will be easier and quicker. The Water Exchange will provide a solid and predictable option for homebuilders, local businesses, farmers and developers who want to locate or expand their businesses in the Sequim Valley. It will enable prospective water users to secure cost-effective mitigation. The Water Exchange will have three pre-priced “water packages” which involve a one-time fee. From this transaction people or businesses will get a “certificate of water availability.” Without this certificate, building permits cannot be issued. The one-time fee will depend on how much new water is needed. The land owner will record the mitigation package on their property deed. The Water Exchange will pool money to invest and carry out mitigation and restoration projects, typically in partnership with other funders. Developing an independent mitigation plan for approval by Ecology is an option allowed under the rule and could make sense for anyone seeking new water rights. Since new water rights will be mitigated, a proposed mitigation plan would need to accompany the water right application being sent to Ecology. Because obtaining new water rights has multiple steps and rigorous information standards, it can take many months and sometimes several years.
Financial Assistance Will Help in Transition Leaders are committed to helping ease the basin through the transition into this new era. As with any major change, people will need time to adjust and adapt. Seed money to invest in water projects, mitigation and restoration will assist in the transition. Ecology has offered Clallam County a grant to provide financial assistance for building permit applicants who seek mitigation credits for indoor household water uses. The grant provides funds for the first six months of 2013 to defray the costs of mitigating new indoor domestic water uses. Ecology is also requesting $2.05 million from the state Legislature in the 2013-15 capital budget to fund projects that will restore flows and mitigate withdrawals from the Dungeness River and other streams in the Dungeness watershed. This funding is essential for providing water supply for either flow restoration or mitigation credits in the Dungeness. The request includes use of funds for essential rural domestic water needs of building permit applicants on exempt wells within the Dungeness basin. Enforcement Will be Done by Ecology Ecology is responsible for enforcing the rule. Emphasis will be on voluntary compliance. However, Ecology will follow adopted procedures used across the state as outlined in the Water Resources Program Enforcement Policy. The policy calls for Ecology to take action in egregious cases involving potential harm to other water rights or the environment. The rule calls for new wells to install meters to measure water use. Similarly, anyone who obtains new water rights or obtains mitigation credits through the Water Exchange will be required to measure their water use. Inquiries might be made if data shows a substantial increase in water use during dry times of year or if there is a sudden spike in water use. Questions will be about changes in water use, whether a pipe is broken, or if additional water is desired and whether additional mitigation is needed. Metering is useful to local citizens in many ways. Better estimates for mitigation requirements help bring about a more cost-effective mitigation program, which can help for setting future mitigation price tags for new water users. It also creates better fairness and certainty for those metering their water: For example, metering allows new water users to defend against potential claims by other parties. Water Supply Projects are Important Part of Water Management Local leaders have already identified a list of 21 mitigation and restoration projects. A number of these will supply mitigation for prospective development over the next 20 years, especially for small stream sub-basins. New water supply projects will be carried out by the Water Exchange, Clallam Conservation District or other entities. Washington Water Trust is currently using a $350,000 Water Transaction Grant and a $100,000 Watershed Implementation grant to negotiate agreements with the Dungeness Water Users Association. This agreement will “hydrate” the Water Exchange, and make mitigation
credits available. Clallam Conservation District has actively managed various irrigation efficiencies projects over the past decade. Projects will provide mitigation water to offset new residential uses and to restore stream flows where and when most needed. Purchase of water rights is the first investment. Next in line are shallow aquifer recharge projects and small storage off-channel reservoirs. Next Steps 1. 2. 3. 4. 5. 6. 7.
Clallam County and Ecology sign MOA on roles to implement the new rule Clallam County accepts $100,000 grant amendment to Watershed Implementation Grant Clallam County hires operator for Dungeness Water Exchange Ecology and Clallam County announce creation of Water Rule Implementation Committee Clallam County, Washington Water Trust and Ecology conduct internal “Dry Run Workshop” Ecology approves Dungeness Water Exchange Mitigation Plan Washington Water Trust completes negotiations with WUA to purchase water and use of irrigation infrastructure 8. LLWG adopts Flow Restoration Strategy 9. Meeting of local, tribal and state leaders – recognizing progress on AIP five principles 10. Rule takes effect January 2, 2013
