NEWSHOMEOPINIONLOCAL INTERESTRECENT ISSUESLETTERSCLASSIFIEDSLINKS |
Methow Valley News October 12, 2000 Endangered Species County weighs legal action over streamflows by Lee Hicks The county is "seriously considering" going to court over federal efforts to establish target flows for Early Winters Creek and other basin streams. The commissioners revealed their position in an Oct. 9 letter to Gary Oestreich and Dick Ewing, chairmen respectively of the county’s coordinating committee and water subcomittee for the "custom and culture" land-use ordinance. Oestreich and Ewing had asked for the county to take action in a Sept. 5 letter. The commissioners expressed concern over "serious questions" of whether insistence on stream target flows for Early Winters conflicts with federal law, "requiring deference to state laws for the creation and administration of water rights." The federal position on establishing target flows to aid endangered fish also undermines plans by the Methow basin watershed planning unit to develop a basin watershed plan, the commissioners said. As a result of federal attempts to enforce target flows, the commissioners wrote that the county, "is seriously considering legal action in a joint effort with the Early Winters Ditch Company and other interested parties." The target flow issue for Early Winters has implications basinwide and for all of Okanogan County, the letter said. Before proceeding, the commissioners established several conditions for potential litigation: It must be "justified by clear objectives and a reasonable likelihood of success;" be accompanied by a commitment by Early Winters Ditch Company and other parties; must be coordinated to insure development of a watershed plan and comply with the Endangered Species Act; and must have, "broad grassroots support for the use of public funds" in a legal challenge. The commissioners asked the Oestreich and Ewing to determine support for legal action and report to the county government body in writing by Oct. 16. The land-use ordinance passed by the county this summer requires federal and state agencies to consult with the county on actions affecting local custom and culture. National Marine Fisheries Service has established target flows for Early Winters Ditch Company and other irrigators diverting from Forest Service land. The agency that listed steelhead and spring Chinook salmon as endangered in the basin has also said streamflows must be increased throughout the basin. The basin planning unit has said more data is needed on the impacts of irrigation on stream levels. The planning unit wants a US Geological Survey of irrigation and stream recharge to be included as a criteria in a proposed memorandum of agreement with NMFS and other federal and state agencies. The planning unit and the agencies are set for another round of talks on the agreement Thursday, Oct. 12.
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