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Methow Valley News August 12, 1999 Endangered Species Coverage Winter flows upset water rule raft "Conversion" removal catches key officials off guard by Lee Hicks A state Department of Ecology letter mailed last week that described a major change in the proposed Methow basin water rule caught county officials and a key agency manager by surprise. The letter dated Aug. 4 said that Ecology has decided to withdraw a provision of the proposed Methow basin water rule that would allow "conversion" of seasonal water rights to year-round domestic use. And the letter was apparently mailed without informing Okanogan County officials, ostensibly Ecology’s "partners" in an August 1998 agreement to develop the water rule. Ecology had presented the conversion concept in the draft rule as a way to encourage development of group domestic or community water systems and avoid "grid" development of single family lots. It was also part of the 1994 Methow Basin Pilot Planning Committee report. Ecology’s decision was revealed in a letter from Robert F. Barwin, water resources manager for the agency’s central region office in Yakima. Barwin noted that public comments on the rule at a June 10 hearing, and in writing, had questioned the conversion provision. Barwin wrote that, "the ‘conversion’ process...will be removed from the draft regulation," until the agency completes an "assessment" of water being used under the so-called "2cfs" allocation of water for single family residences and stock watering in the basin. Also a factor, the letter said, is a future assessment of "winter mortality" of endangered fish by the state department of Fish and Wildlife. The effect of changing the proposed rule is "significant," Barwin wrote. As a result, the state will refile the draft regulation with the state code reviser’s office, "perhaps make other changes as well" and file the rule again in September or October. County officials had not seen the letter when contacted Monday (Aug. 9) "It was my understanding that Ecology was going to meet with the county before taking a position," responded county water resources director Dennis Beich. The apparent impetus for Ecology’s about-face on the conversion issue was the continuing debate by federal, state and county officials over measures to aid recovery of endangered fish species in the basin. The agencies have been negotiating to reach a memorandum of agreement for fish recovery that would lead to development of a basin-wide fish habitat conservation plan. The HCP would in theory provide the agencies and private landowners protection against third party lawsuits under the Endangered Species Act. Also included in the proposed rule is a "water bank" in which water rights can be deposited to improve streamflows for fish and allow withdrawal for later uses, such as agriculture and development. Barwin’s letter said the National Marine Fisheries Service will be working with the state Fish and Wildlife to assess "effects of low winter flows on salmonid mortality. These agencies will then advise Ecology as to whether winter withdrawals of water for domestic purposes would fundamentally undermine salmon restoration in the valley." Ecology has questioned whether "new" water can be appropriated for domestic use in the Methow, essentially meaning that water must come from existing water rights--including changes such as seasonal to year-round uses. The regional manager of the agency’s watershed planning effort was unaware the correspondence had been mailed until being informed by the Methow Valley News. When informed of the letter and its contents, Ecology manager John Monahan, responsible for watershed planning coordination in Okanogan, Douglas and Chelan counties, replied rhetorically, "Bob Barwin sent a letter to that effect?" He then said he suspected the letter was sent "prematurely," but called back after checking within the agency’s Yakima office and acknowledged that, "indeed the letter is out." Monahan said he immediately called county commissioner Dave Schulz and Beich to explain what had happened. Both were "surprised," he said. Monahan has said at several water issue meetings that the seasonal to year-round conversion provision is a good way to create ways to use water without issuing new rights. Monahan said, however, that the department was continuing to assess a number of options that were not included in Barwin’s letter, but which were discussed at a June 29 meeting at Pangborn Field in Wenatchee. Included were the possibilities of a completely new proposed rule that might not include the water bank. "There are still four or five avenues that we could take although this letter was released a little awkwardly," Monahan said. "Ecology has some egg on its face but it is still committed to the cooperation with Okanogan County." Opinion | Sports |
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