NEWS

HOME

OPINION

LOCAL INTEREST

SPORTS

RECENT ISSUES

LETTERS

CLASSIFIEDS

Local
Nationwide

LINKS

LOCAL WEATHERWATCH

Weather Online

Methow Valley Page

Methownet

August 10, 2000

Endangered Species Coverage

Final "biops" for some federal ditches arrive NMFS calls for "tighter land-use and water-use" regimes

by Lee Hicks

More than a year after several irrigation diversions on federal land were judged to jeopardize endangered fish, the final biological opinions for two ditches have been released and another is said to be on the way.

National Marine Fisheries Service issued the BOs for Early Winters Ditch Co. and the Wolf Creek Reclamation District last Tuesday (Aug. 1). An opinion for Skyline Ditch, which has not operated the past two seasons, is expected this week.

The BOs guide Forest Service actions in issuing special use permits for diversions under Section 7 of the Endangered Species Act.

Even before local Forest Service officials had received the documents, plaintiffs attorneys who had sued to force release of the opinions had withdrawn a request for an injunction aimed at shutting down the ditches.

The biological opinions appear to signal NMFS’ continued commitment to put more water in basin streams as the key to long-term habitat improvement for endangered spring Chinook salmon and steelhead-rainbow trout. Although more data may be needed, the BOs concede, the "best available" information indicates more water is required for ESA-listed fish.

The agency also took issue with the belief of local irrigators, and members of the Methow Basin Planning Unit, that diverted irrigation water is returned quickly to streams through groundwater recharge, thereby creating few problems for fish.

NMFS notes that, "No information to verify the claims that groundwater recharge is ubiquitous was presented during this consultation."

Instead, the opinions argue that streamflows increase slowly after irrigation is halted and that diversions may also take water away from the "riparian groundwater bank" which provides water for vegetation.

Citing a 1992 state Fish and Wildlife agency study, Caldwell & Catterson, the opinion concludes: "The adverse effects on listed fish of reduced groundwater storage during irrigation season likely outweigh any benefits of later groundwater recharge from irrigation withdrawals."

The opinions also question the impact of growth in the Methow Valley that might result from conversion of water for seasonal irrigation to domestic use. Such a provision has been suggested in previous water studies and was part of a proposed new water rule for the basin which the Department of Ecology withdrew earlier this year.

The opinions apparently refer to an often-discussed water bank, a provision of the proposed rule, in which unused irrigation water could be deposited and later withdrawn. But NMFS claims that using only 5 percent of "saved" water for domestic purposes, out of its estimate of nearly 13,000 irrigated acres, could result in 950 additional homes and 2,800 more residents.

"Given the fragile nature of this ecosystem, it is clear that tighter land-use and water-use regimes are required to not only recover the listed species, but to support the build-out that could be realized from using only 5 percent of the saved water."

The discussion of streamflows, groundwater recharge and need for tighter land and water-use "regimes" was contained in the documents for both Wolf Creek and Early Winters.

In the case of both the spring Chinook and steelhead, NMFS said its approach to identifying critical habitat is to "designate all areas...accessible to the species within...each ESU (evolutionary significant unit)." This would apply even if listed fish have not been identified in the habitat.

The Wolf Creek BO concludes that the ditch will not jeopardize passage of spring Chinook salmon providing flows of 8 cubic feet per second and a stream depth of .8 feet, or 9.6 inches, is maintained at the mouth. The ditch headgate is four miles upstream from its mouth on the Methow River. The diversion feeds beaver ponds that drain into Patterson Lake and are augmented by flows from Little Wolf Creek.

Wolf Creek’s water right is for 30 cfs, from October to July and 13 cfs from July 1 to Sept. 30, for a total of 3,065 acre feet (an acre-foot is about 325,000 gallons).

The Wolf Creek BO notes that steelhead and rainbow trout are found from the mouth of Wolf Creek upstream for more than seven miles, several miles above the ditch headgate. But, the agency said it doesn’t know if anadromous, or ocean-migrating steelhead, use the stream.

Wolf Creek officials and representatives of the Haub Brothers Trust, owner of Sun Mountain Lodge and the Sunny M Ranch, are attempting to negotiate a long-term habitat conservation plan. The HCP would give users some certainty of operation through an "incidental take permit," provided for in the ESA, and allow the Forest Service to issue an extended special use permit.

Spring Chinook have been observed in lower reaches of the stream, especially in the summer of 1991 after Sun Mountain and the Haub Trust stopped diverting directly from Wolf Creek. The lodge now pumps water for domestic use from Patterson Lake to tanks above the facility.

Wolf Creek is also habitat for bull trout, listed as "threatened" under the ESA by the U.S. Fish and Wildlife Service. That agency has issued a separate biological opinion for that species which coincides with streamflow and depth criteria in the NMFS documents.

The Early Winters BO, also applying to steelhead and spring Chinook, establishes minimum streamflows of 35 cfs, to which it says ditch officials agreed after several meetings. The ditch company diverts about 15 cfs from Early Winters Creek under a water right that allows operation from April 1 to Nov. 1.

A portion of the Early Winters ditch water right was planned for use at the now-mothballed Arrowleaf resort. R. D. Merrill Co. had proposed using 1.7 cfs from the Willis ditch diversion right on the creek. Those plans were halted as the result of settlement of litigation over water rights for Wilson Ranch developed by Merrill.

Both Wolf Creek and Early Winters have proposed converting surface irrigation to groundwater wells in order to provide more water in streams. NMFS has not directlly opposed those plans pending more data on effects of the groundwater diversion. Lee Bernheisel of the Okanogan Wilderness League has filed comments on the proposals.

OWL and Seattle environmental groups in July filed suit in Spokane federal district court to force NMFS to issue the long-delayed biological opinions. Attorney John Arum, representing the groups, on Aug. 1 moved for an injunction to halt ditch operations pending release of the BOs.

Arum said in withdrawing the injunction last Friday (Aug. 4) that it was no longer necessary with release of the BOs. He also said the group had not included the Skyline Ditch in the suit because it appears that it will not be able to operate this year.

NMFS senior policy analyst Mike Grady said Tuesday the agency was "fine tuning" the biological opinion for Skyline this week. The ditch, which diverts on the Chewuch River, has been installing pipe, and is preparing to complete a new headgate and fish screen.

Grady said NMFS would be monitoring Chewuch River flows in relation to operation of the Chewuch and Fulton ditches, "Section 9" diversions that do not operate on federal land.

Although NMFS has stated it will not concentrate on the private ditches this year, irrigators are looking into the ramifications of drawing from reserves in Pearrygin Lake. The ditch company owns the top five feet of water in the lake. Ditch officials say that amount could allow an additional three weeks of irrigation for members below the lake.

Opinion  |  Sports  |  Local Interest
Letters to the Editor  |  From Recent Issues
Main Page