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Methow Valley News August 10, 2000 Endangered Species Coverage Fish, water pact bumps into political races by Lee Hicks It now appears that a final draft of a basin fish and water agreement could go before the public this fall against the backdrop of hotly contested local election races. In a conference call negotiation Aug. 3, the Methow Basin Watershed Planning Unit representatives, federal and state officials edged closer to addressing issues of water conservation and federal assurances to water users. At times the hour-and-a-half call was interrupted by technical glitches and periods of silence that brought back memories of the disjointed process that characterized last year’s negotiations. Those ended in widespread public opposition to a proposed agreement that came to a head with a large public meeting in Twisp last November. The negotiators agreed that the watershed unit and state officials will develop a checklist of measures that have already been achieved to aid fish species listed under the Endangered Species Act. Included would be such actions as already-upgraded irrigation ditch headgates and fish screens, piping and removal of fish passage barriers—as well as projects now planned for later this year and next. The recent talks revolved around six points proposed by the planning unit to National Marine Fisheries Service, which as the ESA enforcement agency has taken the lead for federal officials. Under the heading "basic premise," the planning unit proposed credits for "past and future actions" to conserve water including "on-farm efficiencies," ditch improvements and removal of land from agricultural use. An irrigator or other water user could be part of an "individual habitat enhancement and conservation plan (IHE&CP)" without participating in all parts of a conservation plan. Any "saved" water would remain the property of the user and could be applied to other uses, leased or sold, the planning unit suggested. NMFS state director Bob Turner initially objected to the concept, explaining, "I don’t think we’re talking about a conservation plan in which somebody can do something they want to do and don’t want to do willy nilly." But the planning unit members countered that time is needed to explain the program to the public. "If you shove it down their throats they’re not going to do anything," observed member Mike Gage, who is also a director of the Methow Valley Irrigation District. County water resources director Dennis Beich said it is unlikely a complete conservation plan could be implemented this year, and suggested instead a work plan and timelines be developed by November. Listing needed projects and plans would give NMFS "wiggling room" to show that the ESA is being enforced, Beich added. "I actually can go along with that (providing) assurances do not apply in 2001," Turner responded. NMFS has previously offered "prosecutorial discretion" for irrigators if they participate in some type of conservation plan. Agency officials argue they cannot provide greater protection against litigation through an "incidental take permit" until a habitat conservation plan (HCP) is completed. A draft HCP for the basin is one goal of the agreement in several years. "My point is that we’re going to have to have language that makes it clear, if the conservation plan is not approved there will be no assurances provided in 2001," Turner stressed. County commissioner Dave Schulz cautioned that any proposed agreement would need to go to a county hearing. With required legal notices it would be later in September before that could happen if a draft agreement is not completed until Aug. 18, when the next negotiating session was scheduled. The procedure would involve a public meeting in the Methow Valley to explain the plan, then a county-wide hearing in Okanogan, before the county commissioners could take action. A 2-1 majority would be needed to commit the county. Any proposed agreement would come as Schulz is locked in a re-election bid for Position 2 with fellow Republican challenger Ron Perrow of Winthrop and Democrat Jim Doran of Twisp. Incumbent Ed Thiele has decided not to run again for Position 1, leaving that seat up for grabs in a race between Republicans Craig Vejraska and Doug Adams of Omak and Democrat Fred Hanke of Malott. The other commissioner, Bob Hirst, is not up for re-election. The primary race will be decided Sept. 19, with the top candidates in each party squaring off in the Nov. 7 general election.
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