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Methow Valley News February 14, 2001 Endangered Species Agreement depends on litigation wording Face-to-Face time - Publisher's Comment Agreement depends on litigation wording Watershed planning effort at stake by Lee Hicks The fate of a fish and water agreement in the Methow basin will likely hang on new language addressing potential litigation. Okanogan County officials went into an hour-long conference call Monday (Feb. 12) with federal and state agencies to discuss language the county says must be part of a "memorandum of agreement" to address endangered fish issues. The county has insisted that its language be included verbatim in any agreement. But as the sometimes blustery verbal jousting drew to a close, the county said it would review suggested wording to be submitted within days by Bob Turner, state director of National Marine Fisheries Service. County officials agreed to review the suggestions and determine if it would continue to stay involved in the MOA negotiations through the Methow Basin Watershed Planning Unit. A tentative negotiating session was set for Mar. 7 at the Agriplex in Okanogan, contingent on new litigation language being worked out. The planning unit and federal and state agencies must also iron out details of a "stream enhancement plan" proposed in the MOA before the document can go to a public hearing. The county has filed a 60-day "notice of intent" to sue under the Endangered Species Act on behalf of Methow irrigators who are affected by water restrictions imposed under NMFS biological opinions for diversions on federal land. The county wants language that would assure the MOA would remain in effect regardless of that or other potential lawsuits. But the county has also proposed that NMFS and U.S. Fish and Wildlife Service "intervene" in litigation that might arise against water users who participate in a water conservation plan. Turner, who is an attorney, said Monday he could not "sell" the intervention concept within his agency. "We would have a real problem with that," Turner said. But he added that NMFS could likely be called to testify for either plaintiffs or defendants in ESA related cases. Also still to be considered are several changes proposed by the state Department of Ecology. Joe Williams of Ecology has suggested the state be deleted as a party with the county in any lawsuit, and that language be added to exclude use of any state or federal funds in litigation. Several times, county commission vice-chairman Craig Vejraska said the talks were at an "impasse" unless county language could be included "verbatim." But Turner, expressing concern over a "verbatim ultimatum," said he hoped the county would consider NMFS’ suggested changes before walking away from the talks. Sen. Linda Parlette, R-12th, suggested that commissioners, state and federal agencies could get together in person later in the week in Olympia, where the commissioners are already scheduled to attend legislative meetings. Publisher's Comment by Lee Hicks Face-to-face time The concept of negotiation is to avoid mediation, arbitration and the often "black hole" of litigation. With this in mind, Okanogan County officials appear to be backing themselves into a corner with their posture in fish and water talks for the Methow basin. The county opened a Monday conference call with state and federal agencies with a "take it or leave it" posture on litigation language for a proposed memorandum of agreement. Several times, newly elected commissioner Craig Vejraska said the county’s language must be incorporated "verbatim" in the agreement. Without it, Vejraska observed at one point, "I guess we’re at an impasse, guys." But Bob Turner, state director of National Marine Fisheries Service, said his agency would like to suggest changes to the county language and get together face-to-face to discuss them. County officials expressed reluctance to meet until they see NMFS’ suggestions. Turner offered his view that the "negotiating dynamic" could work better in person, adding he sensed, "some pretty strong feelings" over the phone. The Vejraska-Turner exchange serves to emphasize that an agreement on fish and water issues in the basin—at least through the watershed planning process—is perhaps at its most critical stage of the past two years. There is no doubt that NMFS has done a poor job of communicating in the Methow basin. And its failures have created an often hostile attitude among Valley and county residents. But the county is taking a big risk in its present stonewalling posture. Sen. Linda Parlette has suggested there’s a good opportunity to get together with state and federal representatives in Olympia this week when county officials will be attending meetings there. The county might do well to consider Parlette’s idea. Opinion | Sports |
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