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Methow Valley News October 28, 1999 Endangered Species Coverage Water saving math part of MOA "PSi=WUi/SWUi (PFsmu-BFsmu) where.." by Lee Hicks Tracking the path of the proposed memorandum of agreement on fish and water issues is now a math challenge as well as a test of reading comprehension. The latest draft, dated Oct. 18, includes new sections that create a formula for defining "proportionate shares" for reducing water use if basin streamflows fall below a yet-to-be-determined level to aid endangered fish. In the new draft, participants in a voluntary habitat conservation program (HCP) would agree either "to eliminate water use" when their stream segment falls below streamflow goals, or to implement an "individual conservation plan" to reduce water by a proportionate share. The voluntary, proportionate share approach for water conservation would be the "central goal and purpose" of the agreement until an HCP is completed by June 2003. Until the long-term streamflow targets are set in an HCP, the draft reads, "provisional" flows and proportionate share commitments will be followed but will have no "mandatory regulatory effect." The new draft came after an Oct. 14 meeting of Okanogan County officials and representatives of the state Department of Fish and Wildlife and Department of Ecology, the governor’s Salmon Recovery Office, U.S. Fish and Wildlife and National Marine Fisheries Service. All parties in the proposed MOA have agreed that an HCP is the way to aid fish recovery while protecting irrigators and other water users. The HCP would enable NMFS to issue "incidental take" permits to protect water users from lawsuits under Section 9 of the ESA, which allows "third party" lawsuits by groups or individuals. "PSI=WUi/SWUi (PUsmu-BFsmu)": Translated, the formula for the proportionate share conservation effort would involve calculating a participant’s water rights as a percentage of all rights in a stream unit. A provisional flow, or "desired biological goal" value, would be set against a baseline flow under "natural conditions as modified by current water use" in the stream reach. The new MOA draft also calls for establishing a water bank in which to deposit unused water rights as part of new water rules and ordinance. The draft, however, notes that Ecology will not implement changes to allow conversion of some rights from seasonal to year-round use until state Fish and Wildlife completes a study of "winter minimum flow needs" for fish. NMFS and USFWS will not provide assurances to protect water users against lawsuits until a full HCP is completed. The federal agencies could also break the agreement if they determine "sufficient progress" toward conservation goals are not being achieved in the short term. Criteria for progress include the number of water users signing up for the conservation effort and the number of water rights purchased by Ecology as part of the program. As in earlier drafts, the first in June, this latest MOA provides that Ecology could begin rulemaking to "withdraw" all stream reaches in the Methow basin from further water appropriation and start adjudication of water rights if goals of the agreement are not met for two consecutive years. Ecology would also commit to bring actions against water waste under state law. Notably absent in the MOA discussions is the Forest Service, which under Section 7 of the ESA is required to consult with the other federal agencies to ensure that its actions do not harm fish. The Forest Service is awaiting final biological opinions from NMFS and USFWS for irrigation diversions on land managed by the agency. Forest Service officials have said they want to head off a situation such as this past summer in which NMFS delayed biological opinions, resulting in withholding of special use permits for irrigators in what was a high runoff year. Opinion | Sports |
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