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Methow Valley News September 16, 1999 Endangered Species Coverage County and NMFS agree: "common sense" is needed By Lee Hicks Like Mark Twain, reports of its demise may be premature. After months of frequently hectic negotiations, then a lengthy lull and speculation it could be dead, the proposed memorandum of agreement on endangered fish issues still has a pulse. And the County and a top official of National Marine Fisheries Service appear to agree that a "common sense" approach is needed to make the agreement work. County water resources director Dennis Beich was set to meet Tuesday afternoon, after the News deadline, with Bob Turner, NMFS state director, and other state agency officials to discuss the MOA. "There are some things we haven’t talked about enough," Turner said Tuesday morning. Emphasizing the uncertain path of the MOA talks, however, Turner acknowledged that the meeting was intended to, "try to get it so we either do it or don’t do it." While the language of key points in a recent draft MOA may appear more conciliatory, the potential effects on the Methow basin could be as dramatic as provisions of earlier versions. Last Wednesday (Sept. 8) Okanogan County officials and their legal advisers discussed a revised draft with the state Department of Ecology officials and that agency’s state attorney. Although other state and federal agencies are involved, the MOA hinges on the County, Ecology and NMFS. The federal fish agency has in the past two years listed both steelhead trout and spring-run Chinook as endangered in the Methow basin. The revised draft by Ecology, dated Aug. 19, outlines language suggested by Ecology and presented to the County and NMFS. County officials remain opposed to a provision that would in effect mandate that Ecology block any new water appropriations in the basin if target streamflows are not raised to a level as yet undetermined. NMFS has been adamant that certain target flows must be met. But the initially suggested flows in biological opinions for federal land irrigators are so high that they could be achieved in only two of 10 years, some irrigators and hydrologists argue. After an hour-long conference call with Ecology Sept. 8, county commission chairman Dave Schulz expressed frustration with the MOA process. Schulz said the sticking point remains NMFS’ intent to require the County and other signatories to agree to conservation standards pegged to future target flows while not having assurances against enforcement actions for "take" of endangered fish. "We’re saying that’s not possible. We want to step up on a voluntary (conservation) basis in which we have some protection." Schulz restated the County’s interest in working toward a habitat conservation plan (HCP) that could provide protection for government and landowners against lawsuits under the 1973 Endangered Species Act. NMFS could issue an "incidental take permit," allowing some endangered fish to be harmed, but the agency has said it wants an agreement to cover the time before an HCP is completed. Schulz said yearly fluctuations in runoff and, therefore, streamflows are a concern in setting yearly target flows as NMFS suggests. "You can’t set a target flow year after year based on the same amount...it has to be more common sense," Schulz said. In his view, setting arbitrary target flows will not gain local cooperation for voluntary water conservation. "It’s a disincentive and we’re looking for incentives," he emphasized. Turner appeared Tuesday to agree with Schulz’ call for a practical approach to achieving stream target flows. He said the renewed MOA discussions needed to address how to modify target flow objectives to accommodate natural year-to-year fluctuations, how to reward voluntary conservation efforts and when to "trigger response mechanisms" if target flows are missed. Adjudication and withdrawal of future water appropriations have been referred to as sanctions and later, response mechanisms, in the MOA talks. Turner said there needs to be some way to accommodate river flow fluctuations in the MOA. "The natural conditions, the variables...are so dominant and we don’t have the desire or time to deal with all those variables. We need some way to capture a common sense application in the MOA and the response mechanisms..." The draft now being discussed is the latest of several versions, the first circulated in May. The MOA discussions have ranged throughout the state, often with the aid of conference calling, and have only rarely included all parties at a single table. The County has acknowledged throughout the negotiations that it might not sign an agreement if provisions remain that could restrict water rights and possibly lead to a building moratorium. County commissioners will host a public meeting at 7 p.m., Thursday (Sept. 16) at the community center gym in Twisp to discuss the county’s position on the MOA. A statement of the county’s MOA position was published in the Sept. 2 issue of the News, and is also grouped under ESA and water coverage on the paper’s web page, available at methowvalleynews.com. Opinion | Sports |
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