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Methow Valley
News October 25, 2000 Endangered Species County gets support for ESA legal action Meeting set with governor’s staff by Lee Hicks Citizen members of the Methow Basin Watershed Planning Unit and the Okanogan County Citizens Coalition are backing potential county action related to the impact of federal enforcement of the Endangered Species Act. In a letter to county commissioners, the planning unit members said they supported the "county’s joining with interested and affected parties to obtain legal remedies to enjoin the agencies in question from violating state water rights, agency coordination policies and planning requirements without an adequate scientific basis." County commissioners had asked its land use advisory committee to gauge public opinion regarding potential legal action. The county’s new land use ordinance requires federal and state agencies to consult with local officials on actions that affect county "customs and culture." As in negotiations with federal and state agencies over a basin watershed agreement, the planning unit members expressed concern that enforcement of target flows for basin streams could undermine efforts to develop better data to aid endangered fish recovery. In a separate Oct. 20 letter to county commissioners, chairman Dick Ewing said the planning unit "feels that this action would be beneficial," adding that attorneys for the county and planning unit believed, "that this course has good likelihood of success." The commissioners had earlier asked Ewing and Gary Oestreich, chairman of the land use ordinance coordinating committee, to determine if there were public support for legal action. Ewing said Tuesday (Oct. 24) that the letter supporting a potential lawsuit was not an official planning unit action. He explained that some members representing federal and state agencies did not participate in the letter. "We did not involve the agency members because they are potentially part of the lawsuit," Ewing said. In its letter, the Okanogan County Citizens Coalition (OC3) said it supports the land use ordinance committee’s earlier position that federal action closing the Early Winters Ditch violated the county law. The letter, signed by chairman Mel Stone, also argued that setting target flows for streams, "violates senior and even adjudicated water rights established under Washington state law." National Marine Fisheries Service and U.S. Fish and Wildlife Service have said that minimum flows are needed to protect and aid recovery of endangered steelhead and salmon. Although acknowledging that more data is needed, the agencies have set flows related to basin irrigation according to what they argue is "best available science" as required by the ESA. The OC3 letter said the group supports the Methow basin planning unit’s effort to develop a watershed plan with federal and state agencies. "However, they cannot be expected to resolve a point of law. "Therefore, OC3 believes it is time for legal action to protect the water rights of Okanogan County citizens. OC3 fully supports the Okanogan County Commissioners and Okanogan County Prosecutor in efforts to seek legal remedy through the courts." County commission chairman Dave Schulz said Tuesday the commissioners had referred OC3 and planning unit recommendations to the county prosecutor’s office. Schulz said the "customs and culture" ordinance was only the "vehicle" for the county to begin considering legal action. Any potential litigation would likely be filed on the basis of violation of water rights, he added. The county is now in Phase 1, gathering data to determine whether to proceed with legal action. Phase 2 would be deciding legal strategies and Phase 3, the filing of a lawsuit, Schulz said. Schulz also revealed that county officials are set to meet with top managers in Gov. Gary Locke’s office next week to discuss the continuing impasse over water issues in the Methow basin. Opinion | Sports |
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