NEWSHOMEOPINIONLOCAL INTERESTRECENT ISSUESLETTERSCLASSIFIEDSLINKS |
Methow Valley News August 5, 1999 Endangered Species Coverage County holds back in MOA talks by Lee Hicks The continuing negotiations to reach an agreement on endangered fish species recovery plans in the Methow Valley shifted to Olympia Monday night. And it now appears that Okanogan County could in effect be forced to initiate a building moratorium in the Methow Valley if stream target flow objectives are not reached The Monday (Aug. 2) meeting at the offices of the National Marine Fisheries Service brought together top state resources officials and the county at the request of NMFS’ state director Bob Turner. NMFS listed spring run Chinook salmon and steelhead trout as endangered under the 1973 Endangered Species Act. As described by state Ecology director Tom Fitzsimmons, this latest in a series of meetings appeared more a "brainstorming" session than the hard-nosed debate that characterized a meeting July 14 at the North Cascades Smokejumper Base. But the serious issue of default provisions, now referred to as "response mechanisms," quickly moved to the top of the agenda. NMFS remains firm that target flows for basin streams must be determined and achieved to assure fish recovery. If targets are not met, the default provisions must be initiated. The key among these remains a commitment that NMFS wants from Ecology to "close," or "withdraw" new water appropriations from the basin—and to initiate adjudication of water rights if stream target flow goals are not met. The Okanogan County watershed planning unit would be involved in establishing early target flows, assisted by a technical advisory group, with an initial deadline of Dec. 1 this year to propose targets. If the planning unit misses that date, NMFS and the U.S. Fish and Wildlife Service would take over the task and propose flow goals by Feb. 1, 2000. A "flow restoration schedule" calls for reaching 85 percent of goals by June 15 of 2001, 95 percent by the following year and 100 percent by June 15, 2003. Early drafts of the MOA would have required the county to initiate a building moratorium ordinance as a default measure. But the section outlining the county’s default obligations was omitted in the July 27 draft. There is, though, a clause for the county to adopt by Sept. 1, 1999 an ordinance requiring permits to drill a well. County water resources director Dennis Beich said Monday night that the county commissioners have not decided whether to sign the agreement. "It still has a pulse," Beich said of the county’s possible participation in the agreement, adding, "I think the county in one sense is waiting to see where Ecology goes...(with the agreement). I’m not prepared tonight to talk about defaults. I’m not so sure you’re going to get defaults from the county." However, Fitzsimmons pointed out that closing the basin would in effect restrict the county from issuing building permits without available water. "From my standpoint we could give you (NMFS) a default and have the county give you a default, by default," Fitzsimmons told Turner. In the Monday night negotiation, NMFS and the Governor’s natural resources advisor, Curt Smitch, questioned how a proposed "water bank" would work to improve stream flows in the basin. NMFS has said it supports the water bank concept, but that it will not in itself be sufficient to meet stream flow targets. The bank, now part of the new proposed basin water rule and the MOA, sets up mechanisms for water right holders to deposit percentages of their rights to accounts, including one for "instream flows," and would also reserve water for agriculture and a development account for future growth. Other parts of the proposed rule would allow conversion of seasonal irrigation rights to year-round use and raise priority for group domestic or community water systems. "It’s a way to address limited amount of water in the basin...and allow some water for growth..." Beich explained. "For purposes of this discussion it puts more water in streams." The long-term goal under the MOA is to establish a habitat conservation plan (HCP). The plan would protect agencies and landowners from litigation that could arise from third party lawsuits under section 9 of the Endangered Species Act. NMFS could then issue an "incidental take" permit under the HCP that recognizes some fish will be lost. But the HCP will take at least two years, officials say, and NMFS wants the memorandum of agreement until the HCP can be developed by the county and Ecology. Turner said he would try to set up a meeting later in the week to continue the MOA discussions. Noting he is set to go on vacation in less than two weeks, Turner added, "I’d like to be fairly close (to signing)." Turner also revealed his agency has prepared a draft letter to operators of irrigation diversions on private land in the basin, but does not have addresses for most of the estimated 60 diverters. NMFS has thus far concentrated on section 7 consultations under the ESA that apply to 14 irrigators on Forest Service land. NMFS determined this spring that several ditches would adversely affect fish recovery, prompting the Forest Service to withhold special use permits earlier this season. Although the Forest Service is listed as a possible signatory to the memorandum of agreement, the agency could withdraw with 30 days notice. However, as proposed the agreement would result in water rights adjudication if any other party pulled out. Forest Service officials have been absent in the recent MOA discussions, although the agency will be responsible for working with the federal diverters and issuing special use permits. Beich informed Turner that the county plans to hold a public hearing on its ESA-related plans and would like for NMFS to be represented. Turner replied, "It would be important to know if the county commissioners are going into that meeting as advocates, detractors or as neutral (to the MOA). Opinion | Sports |
Local Interest |