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Methow Valley News February 17, 2000 Endangered Species Coverage Bill adds flexibility to trust water program Other measures address Methow water issues by Lee Hicks The state House has overwhelmingly approved several water bills important to the Methow basin, including one that provides more flexibility for contributors to a state trust water rights program. Sponsored by Rep. Linda Evans Parlette, R-Wenatchee, HB 2944 requires the state Department of Ecology to accept specified donations of water rights to the state trust water program in areas where there are endangered or threatened fish. Parlette said a water right holder could donate all or a portion of that right to the trust water for improving instream flows for fish. The right holder could also choose the length of time the donation would remain in effect, thereby allowing it to be used later for agriculture or other purposes if needed. Parlette said the bill, "provides essential tools for dealing with Endangered Species Act concerns, particularly in the Methow Valley where there is a desire to create a water bank. "We will accomplish these improvements by providing greater incentives and flexibility than currently exists in state law." The water bank has been a key part of the 1994 "Pilot Planning Committee" water study and a new water rule for the basin proposed by DOE. That rule is now pending resolution of endangered species issues with National Marine Fisheries Service. The bill passed by a margin of 88-7 on Monday (Feb. 14). The House also passed, by a 93-2 vote Monday, HB 2406 which Parlette said will assist in developing hydrologic data to address arguments by National Marine Fisheries Service that Methow basin streamflows are too low. Parlette said the bill would provide funding for the county planning unit to develop baseline streamflow information. "Until the state and the local planning group can develop baseline hydrological data, there is no way to confirm or refute NMFS’ charge, or to develop a realistic recovery plan," Parlette said. Last week, the House also passed HB 2589, by 97-0, which would authorize the Salmon Recovery Funding Board to award funding for projects on public or private land. Parlette said the bill would expedite construction of fish screening and fish passage projects that would otherwise be delayed by lack of funds. Another measure, HB 2614, passed by a 92-3 vote, and would protect water rights threatened under the "beneficial use" state law standard as a result of federal restrictions imposed to save ESA-listed fish. "Under current law, if a person abandons or voluntarily fails to use his or her water rights for five successive years, that right or a portion of it may be relinquished. There are exceptions, which include a list of ‘sufficient causes,’" said Parlette. "Under this legislation, if someone is forced to not exercise their water rights because government has imposed restrictions, that would be considered ‘sufficient causes’ and their water rights would not be permanently revoked." All the measures now head to the Democrat-controlled Senate, where prospects for the legislation are uncertain. The "short" 60-day legislative session is scheduled to end March 10. Opinion | Sports |
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