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 February 24, 2000
 Endangered
Species
METHOW BASIN PLANNING UNIT
AGREEMENT
Between
National Marine
Fisheries Service, U.S. Fish and Wildlife Service, State
of Washington, Okanogan County and the Methow Basin
Planning Unit
In Consultation
with the Governor’s Salmon Recovery Office
For Development
of a Methow River Basin Plan to be considered in
development of a Habitat Conservation Plan and
Implementation of Interim Performance guidelines
1. RECITAL OF PURPOSE
1.1 WHEREAS, the Chinook salmon
and steelhead trout are listed as endangered
species under the Endangered Species Act
("ESA"), and the bull trout is listed
as a threatened species under the ESA. The Methow
River Basin provides habitat for these fisheries
and other native fish species that are candidates
for listing under the ESA; and
1.2 WHEREAS, the ESA and its
implementing regulations prohibit the
"take" of endangered and some
threatened species and define "take" to
include activities that harass, harm, pursue,
hunt, shoot, wound, kill, trap, capture, or
collect, or attempt to engage in any such
conduct, and which also includes significant
habitat modification or degradation when it
impairs essential behavioral patterns, including
breeding, feeding, or sheltering, leading to the
actual death or injury of endangered species; and
1.3 WHEREAS, the ESA provides
that "take" of listed species may be
permitted through an "incidental-take
permit" issued by the National Marine
Fisheries Service ("NMFS") or the U.S.
Fish and Wildlife Service ("FWS")
(collectively the "Services"); and
1.4 WHEREAS, the County and the
State represent the citizens within the Methow
Basin and commit to protecting existing water
rights and uses. In so doing, the State and
County are committed to certain interim
performance guidelines with the goal of pursuing
a Habitat Conservation Plan ("HCP") so
that an interim incidental take permit may be
issued by the Services covering the period before
an HCP is finalized; and
1.5 WHEREAS, the State of
Washington and Okanogan County are willing to
develop a Methow Basin Planning Unit Plan (the
"Plan" or "MBPUP") which will
include Planning Unit recommendations and plan
elements outlining historical water use and
evaluating the fisheries. The MBPUP shall form
the basis on which to negotiate a formal
agreement to develop an HCP within specified time
frames; and
1.6 WHEREAS, development of an
HCP together with the scientific analysis of its
provisions, public review, approval process and
issuance of an incidental-take permit is likely
to take several years, during which the
prohibition against "take" remains in
effect; and
1.7 WHEREAS, the State of
Washington and Okanogan County agree to
demonstrate their commitment to develop an HCP
with the assistance of the Planning Unit within
specific time frames and;
1.8 WHEREAS, the NMFS, the FWS,
the State of Washington and Okanogan County,
along with the Planning Unit, share the
understanding that collaborative and volunteer
efforts should eliminate the need for regulatory
and enforcement measures to be taken by state and
federal governments; and
1.9 WHEREAS, the Parties to
this Agreement express their commitment to the
recognition of water rights and uses of the
citizens of the Methow River Basin, and to the
survival of fish listed as endangered or
threatened under the ESA ,and the Parties
recognize that conservation measures that balance
human need and the needs of listed fish species
must prevail should conditions develop that make
the interim performance guidelines of this
Agreement impossible to implement;
1.10 WHEREAS, HB2514 passed by
the State of Washington is the best means of
gaining local response and participation and
developing a plan for the Methow Basin Watershed,
with the County as the lead agency addressing
water quantity, water quality, habitat, and
instream flows,
THEREFORE, THIS AGREEMENT among
the National Marine Fisheries Service (NMFS), the
United States Fish and Wildlife Service (FWS),
the State of Washington, including the Washington
Department of Ecology (DOE) and Washington
Department of Fish and Wildlife (WDFW), and
Okanogan County along with the Methow Basin
Planning Unit establish the following
commitments:
2. SCOPE
2.1 Geographic Scope
The geographic scope of this
Agreement will be limited to the Methow River
Basin, known under Washington State’s stream
identification system as Water Resource Inventory
Area (WRIA) Number 48.
2.2 Activities Covered
Activities covered by the
Agreement, and the resulting incidental-take
permit will be, at a minimum, (1) assessment of
all surface diversions and conveyances of water
from all lakes, rivers and streams that are or
contribute to salmonid-bearing waters of the
Basin and the application of that water to
properties within the Basin, (2) assessment of
all withdrawals of ground water from any source
demonstrated to be in direct continuity with
salmonid-bearing waters of the Basin and the
application of that water to properties within
the Basin, (3) operation of adult and juvenile
salmonid passage facilities associated with water
diversion structures or impoundments, (4)
operation of fish screens associated with water
diversion structures or impoundments, and (5) the
actions by Ecology, WDFW and Okanogan County
specifically for the purpose of implementing this
Agreement or the anticipated HCP.
2.3 Species Covered
Incidental-take permit species
would include Columbia Basin bull trout (Salvelinus
confluentus), the Upper Columbia ESU for
Chinook salmon (Oncorhynchus tshawytscha),
and the Upper Columbia ESU for steelhead (O.
mykiss). The HCP would also address westslope
cutthroat trout (O. clarkii), an unlisted
fish native to the Methow River Basin.
NMFS and FWS ASSURANCES
3.1 Incidental-take Permit
In light of the desire to
pursue a long-term HCP including the lawful
diversion and withdrawal of water together with
the associated operation of lawful water
diversion and withdrawal facilities and in light
of the substantial benefits to listed fish
species that will be produced by commitments to
implement interim performance guidelines during
the development of a long-term HCP, the State of
Washington, Okanogan County, and the Planning
Unit seek assurance from NMFS and FWS that
operators of lawful water diversion or withdrawal
facilities in the Basin will not be subject to
enforcement actions under the ESA for taking
listed species resulting from activities
described in Section 2.2. NMFS and FWS fully
support the decision to prepare and implement an
HCP, with the objective of issuing a long-term
incidental-take permit as soon as an acceptable
long-term HCP is completed.
3.2 Interim Enforcement and
Compliance Under the ESA
Prior to development and
approval of a long-term HCP and issuance of a
long-term permit, the Services will work with the
State, County, and Planning Unit to consider and
develop a short-term HCP structured around the
interim performance guidelines offered in this
Agreement. It is the intent of the parties to
this Agreement that an interim low-effect HCP and
incidental take permit will provide an incentive
for water users to make immediate conservation
commitments when found by the Planning Unit to be
beneficial to native fish. Because the interim
performance guidelines proposed by the State,
County, and Planning Unit as an interim HCP
satisfy the standards under Section 10 of the ESA
for issuance of an incidental take permit, NMFS
and FWS will promptly issue an interim incidental
take permit for a term of no more than three [or
"four" or "five"] years
covering scientific research and experimental
mitigation activities necessary for development
of the HCP and covering the activities of all
water users in the Methow Basin.
4. WASHINGTON STATE
ASSURANCES
4.1 Transfer of Information
Ecology commits to providing
all available information to the Planning Unit
relative to WRIA 48.
4.2 Withdrawal of Waters from
Appropriation
Ecology commits that it will
not propose a rule (under RCW 90.54.050(2)) to
withdraw waters from further appropriation in any
of the seven (7) stream management units of the
Methow River basin (as described in WAC
173-548–020), except that those waters
withdrawn prior to effective date of this
Agreement shall remain withdrawn until Ecology
has sufficient information to reinstate those
waters for appropriation. Ecology will propose a
rule to withdraw any or all of the seven stream
management units from further appropriation
within 30 days of a determination that Sufficient
Progress under this Agreement has not been made
for two years in sequence.
4.3 Petition for Adjudication
Consistent with RCW 90.03.110
and RCW 90.44.220, Ecology has the authority to
petition for a general stream and ground water
adjudication of the Methow Basin. Provided that
Sufficient Progress, consistent with the
standards set forth in section 9, is being
achieved under this Agreement, Ecology shall not
file a petition for adjudication. This will
provide the Planning Unit the opportunity to
complete a watershed plan under RCW 90.82 and the
Parties time to complete a Habitat Conservation
Plan for the Methow Basin.
Ecology will immediately
initiate necessary investigations and procedures
for filing a general stream and ground water
adjudication petition under Chapter 90.03 RCW
upon a determination that Sufficient Progress
under this Agreement has not been made for two
years in sequence. Upon such a determination,
Ecology will petition for a general stream and
ground water adjudication.
4.4 Subject to Existing Water Rights
To promote the support and
confidence of water users and the public in this
Agreement, Ecology affirms its duty to vigorously
represent the sovereign interests of the state
with respect to water resources, consistent with
RCW 90.54.080. Ecology further affirms the
statutory limitations on its authority over water
resources, which require that nothing in this
Agreement operate to impair or diminish any
existing water right. Nothing in this Memorandum
of Agreement shall operate to impair or diminish
or result in the impairment of diminution of any
existing water right. See the Statewide
Strategy for Salmon Recovery (Extinction is not
an Option, draft 1999): "Water rights are
issued in perpetuity and are a form of property
right. As long as water continues to be used
under a water right the right remains effective
and is relatively immune to being modified
without the owner’s consent. If a water
right is altered or taken back by the state for a
public purpose, compensation must be paid to the
holder of the right."
5. COUNTY AND
PLANNING UNIT ASSURANCES
Performance of the County and
the Planning Unit as well as completion of
expected Basin studies and improvements for
listed species are contingent upon adequate
funding. Should the County and Planning Unit not
complete their tasks, for some reason other than
lack of funding, the State of Washington will
complete the studies.
6. AUTHORITIES AND STRUCTURE
6.1 Commitments in this Agreement
Each Party asserts the
authority to make the commitments called for in
this Agreement.
6.2 The Agreement Steering Committee
The NMFS, FWS, Ecology, WDFW,
County, a member of the Methow Basin Planning
Unit and the Governor’s Salmon Recovery
Office ("GSRO") shall comprise the
Agreement Steering Committee (the "Steering
Committee"), consisting of one
representative from each entity (except that the
County may appoint 2 members) to provide
information to and assist the Planning Unit with
the implementation of this Agreement and the
development of the HCP. The Planning Unit or its
designee shall chair the Steering Committee.
Sufficient time shall be granted to each
representative to consult with their constituents
or agencies in any decision making process. All
decisions shall be by unanimity.
6.3 Integration with Washington
State’s Watershed Planning Law and Activities
Ecology and the County, as the
lead agency, have entered into a separate
agreement for the creation, funding, and
implementation of a WRIA planning unit (Planning
Unit) covering the Methow Basin. As an initiating
government and lead agency, the County is
responsible for working with the State and the
Planning Unit to develop and manage the water
resource planning process for the Methow Basin.
The Planning Unit has commenced a comprehensive
review of the condition of water resources in the
Methow Basin that is intended to lead to
recommendations for future management of water
resources. The Parties support the integration of
the work of the Planning Unit with the time
frames and other commitments within this
Agreement.
6.4 Technical Advisory Group
("TAG")
The Steering Committee and the
Planning Unit shall receive reports from the TAG
established by the Planning Unit and provide
recommendations to the Planning Unit based on the
information received from the TAG.
6.5 Coordinating the Work of the TAG(s)
and Planning Unit
Several tasks are common to the
development of the Plan and an HCP. It is the
intent of the Parties that duplication of work
between the Plan and HCP be minimized. To that
end, it is the intent of the State and County, as
sponsors of the HCP, to incorporate the efforts
of the Planning Unit. The Planning Unit, subject
to necessary funding, shall:
a) Initiate and
complete a hydrological analysis of the
condition, availability and use of ground
water and surface water using historical
data, review of previous studies, and new
information;
b) Recommend a
watershed management plan; and.
c) Recommend a
watershed water resource model that may
be used for monitoring and adaptive
management under the Plan and HCP.
The hydrological study, the
resulting watershed management plan, the habitat
plan and the water resource model shall become
key components of the HCP. The sponsors of the
HCP shall compliment the work of the Planning
Unit, or when requested, conduct a task that the
Planning Unit is unable to complete on a schedule
and level of quality necessary for the Planning
Unit.
6.6 Promoting Maximum Local
Participation and Support
To promote the fullest possible
participation by the County and the Planning Unit
in TAG meetings, such meetings will be held, to
the maximum extent practicable, in the Methow
Valley. Participation by the County, Planning
Unit and TAG members by telephone conference
shall be available for all meetings of the TAG
outside the Methow Valley. A schedule of meetings
for the Planning Unit and the TAG shall be
published in advance.
6.7 TAG Records
All data collected by a TAG
shall be maintained as a public record unless
otherwise exempted from public disclosure under
the laws of the United States or the State of
Washington. All written recommendations of any
TAG shall be made available to the public. Public
comments on the TAG’s recommendations may be
submitted in writing to the Steering Committee
and shall be maintained in the public record. The
record shall be maintained by Ecology and the
Planning Unit.
6.8 Limitations of the Role of the TAGs
The Steering Committee will not
direct any TAG to provide recommendations on
biological opinions or enforcement actions under
the ESA or any other law. Personnel on the TAG
may not be directly engaged in these activities
as part of other duties assigned by their
respective agencies.
7. INTERIM PERFORMANCE GUIDELINES
7.1 Irrigation and Planning Unit Work
Plan Elements
Water diversions in the Methow
Basin are different now and have evolved over the
past 100 years. The question which remains is
what role do irrigation diversions, the
subsequent ground water recharge and return to
near-by streams contribute to stream levels.
This Agreement outlines the
intent of the Parties to establish a long-term
water management strategy that incorporates the
key work plan elements developed by the Planning
Unit into an HCP that will evaluate and establish
the financial means of obtaining the instream
flows necessary for listed species.
7.2 Fish Passage Barrier
Identification
The Planning Unit and County
staff shall identify passage barrier problems
associated with diversion facilities. WDFW will
assist with the barrier identification program,
inform the Steering Committee of the status of
the passage improvements, and assist in obtaining
funding.
7.3 Fish Screen and Passage
Assessment
WDFW will advise the Planning
Unit and Steering Committee of the adequacy of
fish screens and potential passage barriers
associated with currently known diversion
facilities by May 1, 2000. WDFW will provide
technical and other assistance, including
funding, to owners of USFS permitted diversions,
and other water users, to fix diversion passage
barriers during the 2000 calendar year. Water
users obtaining funding from any source
specifically for fish screens will receive
priority in scheduling and installation.
7.4 Funding, Grant Applications
The Planning Unit and the
County shall consider all sources of funding
including funding available from the Salmon
Recovery Funding Board ("SRFB"), the
National Fish and Wildlife Foundation, and
available federal or state grants for funding
necessary to install fish screens to allow the
diversion of water consistent with the water
right for the diversion. To the extent that
funding becomes available, WDFW commits to
expedite the construction and installation of the
fish screens.
7.5 Planning Unit Work Plan Elements:
a) The Planning Unit shall
review historical information, prior and current
private, Federal and State studies to see if
water diversions exceed current WRIA guidelines
for Priority I, II, III and IV water use
categories. The Planning Unit may recommend
further areas of study to be incorporated into
the hydrological study
b) The Planning Unit will work
with valley residents and the DOE to true up
actual water use in the Methow Basin with respect
to DOE claims, permits and certificate registry.
This task recognizes that assessment of water use
impacts cannot be accurately understood for the
present or future without knowing actual water
use.
c) Instream flows plan element:
The Planning Unit will analyze current studies
and limiting factor analyses to evaluate the role
of instream flows as they relate to listed
species. Among the factors to be considered is
whether or not it is possible to increase habitat
for listed species by increasing instream flows
by increasing ditch transportation efficiencies.
Conversely, the committee is to evaluate whether
or not ditch transportation loss improves habitat
for listed species. Further areas for study are
to be recommended as part of the hydrological and
habitat studies.
Identify and prioritize
critical low water areas. The Planning Unit with
their hydrologic and limiting factors assessments
will identify areas with low water conditions.
These areas will be prioritized based on the
verifiable impact to salmon survival and habitat
connection. Each site that is prioritized will
have an assessment conducted on it to determine
alternatives to solving the low flow condition.
d) The Planning Unit Initiate
and complete a hydrological study that will
evaluate ground water recharge from open ditch
diversions and whether the recharge contributes
to instream flows; and evaluate recharge and
discharge reaches for each sub basin. The main
goal is to complete a water model and develop a
water management plan.
e) Complete a limiting factors
analysis with the Conservation Commission,
document trends and identify enhancement projects
and future habitat improvements that can be
implemented with available funding.
f) Complete a water quality
assessment including estimates of how future
growth may affect water quality. The water
quality component will be integrated into the
hydrologic model.
g) Develop and implement a
stream gauge network plan that focuses on
obtaining data on reaches with limited flow
information. Factors to consider include whether
the particular reach provides habitat for listed
species and whether there are surface water
diversions or ground water withdrawals in
continuity with the reach.
h) Develop and implement a
surface diversion water measurement program for
major diversions. This program will interface
with the proposed stream gauge network surface
and ground water model.
i) Develop a water budget for
the Methow Basin in compliance with 2514
Watershed Planning process. The water budget will
include the following elements:
1) Surface water hydrologic
model;
2) Ground water
study; which will become the
basis for a ground water model
that will be interactive with the
surface diversion data, snow pack
data and historical stream flow
data.
j) Examination and evaluation
of storage opportunities and creative means to
delay run-off for the late summer period.
7.6 Trust Water
Key to developing water
conservation measures is to provide a legal means
where a water right holder may park all or a
portion of their water right without fear of
losing their water right or the priority status
of their water right, and where they can easily
reactivate their water right when it is needed.
This is viewed as a key conservation measure to
eliminate excessive water use just to maintain a
water right. Several options for trust water need
to be available, including: (a) trust water
purchases or leases for instream flows, and (b)
trust water accounts to allow irrigators to keep
their water rights
7.7 Water Use Monitoring
Ecology will assure that measuring
devices are installed at the headgate and used on 95
percent of the surface water users (by volume of water
used) by June 2001. The Steering Committee will assess
the status of water use monitoring after June 2001.
7.8 Assessment of Use
Ecology agrees to commit at
least two full-time-equivalent professionals to
assist the Planning Unit in their evaluation of
current water use.
7.9 Water Conservancy Board
The County may petition Ecology
to establish a Water Conservancy Board for the
Methow River Basin. Ecology will provide training
to the Water Conservancy Board in a timely
manner.
8. MILESTONES FOR THE
DEVELOPMENT OF THE METHOW BASIN PLANNING UNIT
PLAN AND THE FINAL HCP
2000:
1)Address screens and passage
barriers
2)Develop preliminary
hydrologic model
3)Diversion measuring program
4)Identify priority reaches
5)Develop work plan
6)Initiate public education
program
7)Develop a interim voluntary
water conservation program
8)Support voluntary water
conservation practices by individual ditches
2001:
1)Address screen and fish
passage barriers
2)Finalize hydrologic model
3)Begin entering data from on
going programs
4)Identify and prioritize
critical low water areas
5)Implement interim voluntary
water conservation program that will include:
a) individual water
conservation practices
b) operational management
changes
c) voluntary non-use plan
d) implement Methow Basin trust
water right plan
2002:
1)Complete all critical fish passage
barrier projects
2)Implement interim voluntary
conservation measures
3)Experiment with operational
management changes and impacts to stream flows
4)Alternative analysis of critical low
flow areas
2003:
1)Set sub basin base flows for
streams
2)Compile hydrologic (surface
and ground water) data
3)Make decisions with respect
to final Methow Basin Planning Unit Plan
4)Begin implementation of basin
water management plan and continue habitat
enhancements
9. MEASURING PROGRESS UNDER THIS
AGREEMENT
9.1 Background
The Parties recognize that
certainty and progress in the implementation of
this Agreement are crucial to the successful
completion of an HCP. The Planning Unit, NMFS,
FWS, Ecology, WDFW, HB 2496 citizen’s group,
the County, and GSRO will assess progress as
described in this section.
9.2 Determination of Sufficient
Progress
The intent of this agreement is
to achieve the biological objectives of the ESA.
Sufficient progress toward these objectives is
not possible to determine simply by measuring
instream flows. Natural flows vary dramatically
from year to year due to environmental
conditions. Historical data on reach-by-reach
instream flows is beneficial but may fail to
accurately depict whether high or low flows are
due to natural conditions or changes in water
use. Sufficient progress will be measured by
considering whether the following elements have
been met:
1. Water Budget
Committee completes tasks assigned to it;
2. Analysis of actual
water use and ownership is completed;
3. Instream Flow
Committee completes tasks assigned to it;
4. Limiting factors
analysis completed;
5. Hydrological study
is initiated and progress milestones are
completed;
6. Habitat analysis
milestones are met;
7. Completion of water
quality assessment within plan time
frames;
8. All diversions
receive funding for proper screening
consistent with the water right for the
diversion;
9. All identified fish
passage barriers are addressed in a
timely manner;
10. Water monitoring
program is initiated; and
11. Achievement of
other commitments on the time frames set
in this Agreement.
Each October the Steering
Committee will assess and determine if Sufficient
Progress is being made annually. Such a
determination shall be made by unanimity of the
members of the Steering Committee. In October
2000, the Steering Committee will develop
benchmarks for each of these factors. The
benchmarks may be revised each October and will
be used to assess progress in future years.
9.3 Withdrawal of Federal Assurances
If Sufficient Progress is not
achieved under this Agreement and the lack of
Sufficient Progress is not caused by the
Services, the Services may withdraw the federal
assurances provided in this Agreement. Before the
assurances are withdrawn, the Services must
provide all parties to this Agreement with
written notice describing the circumstances
considered to be a failure to achieve Sufficient
Progress. The Parties shall have 60 days from
receipt of the notice from the Services to cure
the lack of Sufficient Progress. If, after 60
days, the lack of Sufficient Progress has not
been cured or otherwise addressed to the
satisfaction of NMFS or FWS, the federal
assurances may be withdrawn; provided that if the
Parties diligently undertake efforts to cure the
matters set forth in said notice and the cure
will take more than 60 days to implement, then
the Services agree to extend the deadline for
withdrawal of the assurances upon the written
request by the party undertaking the efforts to
cure the matters set out in said notice.
9.4 Withdrawal of State Assurances
If Sufficient Progress is not
achieved under this Agreement and the lack of
Sufficient Progress is not caused by the Services
or State, the State may withdraw assurances under
Section 4 of this Agreement. Before the
assurances are withdrawn, the State will provide
all parties to this Agreement with written notice
describing the circumstances considered to be a
failure to achieve Sufficient Progress. The
Parties shall have 60 days from receipt of the
notice from the State to cure the lack of
Sufficient Progress. If, after 60 days, the lack
of Sufficient Progress has not been cured or
otherwise addressed to the satisfaction of the
State, the state assurances may be withdrawn;
provided that if the Parties diligently undertake
efforts to cure the matters set forth in said
notice and the cure will take more than 60 days
to implement, then the State agrees to extend the
deadline for withdrawal of the assurances upon
the written request by the party undertaking the
efforts to cure the matters set out in said
notice
10. INTEGRATION WITH ESA
CONSULTATION AND BIOLOGICAL OPINIONS ISSUED BY
NMFS OR FWS
10.1 Effect of this Agreement on
Section 7 Consultation for Federal Actions
Under Section 7 of the ESA,
NMFS and FWS are required to ensure that
"any action authorized, funded, or carried
out" by any federal agency is "not
likely to jeopardize the continued existence of
any endangered species or threatened species or
result in the destruction or adverse modification
of habitat determined . . . to be critical."
For water users in the Methow Basin who are
subject to consultation under Section 7 of the
Endangered Species Act, biological opinions with
a jeopardy determination may include as a
reasonable and prudent alternative the voluntary
agreement by the applicant to participate in the
implementation of an approved programmatic HCP or
individual HCP and incidental-take permit
covering the proposed activities of the affected
water user. In the interim before a programmatic
Methow Basin HCP is developed and approved, the
State and County agree to assist any water user
who seeks to develop an individual HCP. This
Agreement in no way modifies or limits the right
of any water user to independently develop an HCP
and apply to the Services for an incidental-take
permit without the assistance or involvement of
the State or County.
Regardless whether a federal
agency is a signatory to this Agreement, the
appropriate use by a federal agency (including,
but not limited to the Forest Service), of this
Agreement for purposes of satisfying Section 7 of
the ESA shall be encouraged. In the case of
jeopardy biological opinions, the Services agree
to use this Agreement as a reasonable and prudent
alternative.
10.2 State and County Disclaimer on
Biological Opinions
By entering into this
Agreement, the State and the County make no
express or implied endorsement of the legal,
procedural, or biological validity of any
consultation on a federal action and resulting
biological opinion that references or relies on
the commitments made by the State or the County
through this Agreement. This Agreement may not be
used to estop the State, County, or any private
citizen or entity in any future dispute or
argument concerning consultation initiated by the
Services.
11. OTHER COMMITMENTS OF THE PARTIES
11.1 Planning Unit, Steering Committee
and DOE
11.1.1 A representative
of the Planning Unit shall participate on
the Steering Committee and Technical
Advisory Group. The Planning Unit will
chair the Steering Committee. Upon
request by the Planning Unit, a
representative of the Steering Committee
will participate as appropriate in any
technical group created by the Planning
Unit. With appropriate funding, the
Planning Unit will conduct the scoping
and public hearings necessary to
implement the Methow Basin Planning Unit
Plan and the HCP
11.1.2 Water Right Administration
Ecology agrees to
expeditiously process water right changes
consistent with the goals of this
Agreement whether from applicants or
referred by the Water Conservancy Board.
Ecology agrees to expeditiously process
points of diversion changes (POD)
recommended by the Planning Unit and the
Steering Committee on an emergency basis
due to the anticipated conservation of
water and benefits to listed species,
which changes shall not impair existing
rights, and Ecology agrees to accept the
actual water use determined by the Water
Budget Committee for purposes of the
change application.
11.1.3 Assessment of Ground
Water
Ecology will supply the
Planning Unit with all information on all
water services and uses available to
Ecology.
11.1.4 Technical Assistance in
Development of HCP
Ecology will give
priority to dedicating personnel,
funding, and other resources to the
development of the Methow Basin Planning
Unit Plan and an HCP. Assistance may also
be sought from the HB 2496 citizens
group, the Forest Service and the Soil
Conservation Service.
11.2 Washington Department of Fish and
Wildlife (WDFW)
11.2.1 WDFW will participate on
the Steering Committee and on any technical
groups, upon request by the Planning Unit.
11.2.2 WDFW will give priority
to dedicating personnel and other resources to
the completion of Interim Performance Guidelines
set forth above.
11.3 Okanogan County
11.3.1 Okanogan County will
participate on the Steering Committee and the
TAG.
11.3.2 The County will provide
access to County information, as it becomes
available and subject to any privacy limitation
under the Freedom of Information Act, will
provide public outreach to its citizens on the
implementation of this Agreement and development
of the Methow Basin Planning Unit Plan and
HCP, and will seek funds to support the
implementation of this Agreement. The County will
continue its role as lead agency and grant
coordinator with regard to grants and funding
sought through the SRFB and the National Fish and
Wildlife Foundation. The County agrees to provide
technical support, including assistance in grant
writing and coordination, for any other source of
private or public funding.
11.4 National Marine
Fisheries Service and the U.S. Fish and
Wildlife Service (Services)
11.4.1 The Services will
participate on the Steering Committee, and the
TAG and any other technical groups, as
appropriate.
11.4.2 Upon request by the
Planning Unit, the Services will cooperate in
providing technical assistance to the development
of the Methow Basin Planning Unit Plan and the
HCP and will respond to proposals and comments in
a fashion that supports timely completion of the
Methow Basin Planning Unit Plan and the HCP under
the schedule set forth in Section 8.
11.4.3 NMFS shall respond in a
timely manner to proposals and maintain open
communication with signatories of this Agreement.
NMFS will dedicate resources necessary to meet
timelines of this proposal.
11.5 Governor’s Salmon Recovery
Office (GSRO)
11.5.1 The GSRO will participate on
the Steering Committee.
11.5.2 The GSRO will coordinate
action by state agencies and promote development
of model framework for water resource management
and habitat conservation that is adaptable to
other WRIAs and regions. The GSRO will direct the
Cooperative Extension Service, the Washington
Conservation Commission, and the Washington
Department of Agriculture to assist in developing
the Methow Basin Planning Unit Plan and the HCP,
as requested by the Planning Unit.
11.5.3 The GSRO will give
priority to dedicating personnel, funding, and
other resources to the development of the Methow
Basin Planning Unit Plan and the HCP.
11.5.4 The GSRO will fund
public outreach and scoping required for the
Methow Basis Planning Unit Plan and the HCP.
12. IMPLEMENTATION OF THIS
AGREEMENT
12.1 Period of Performance
The effective date of this
Agreement is the first date that all parties have
signed it.
12.2 Annual Review of Performance
The Parties, with appropriate
staff and the GSRO, will meet annually during the
month of October to review compliance with this
Agreement.
12.3 Amendments
This Agreement may be updated,
modified, or refined only by the express written
consent of all Parties.
12.4 Funding
The parties agree to make every
appropriate effort to secure the funding
necessary to carry out the commitments set forth
in this agreement.
12.5 Termination
Termination of this Agreement
may occur upon 60 days’ written notice by
any Party. Unless otherwise agreed, termination
of this Agreement shall cause the withdrawal of
all assurances given by the Services, the State,
the County, and the Planning Unit in this
Agreement.
Unless otherwise expressly
agreed through written amendment approved by all
Parties, the State, County, and Planning Unit
shall have no further obligations under this
Agreement if any provision of this Agreement is
found by a court of the State of Washington or
the United States to be in violation of state or
federal law.
National Marine Fisheries Service
United States Fish and Wildlife Service
_________________________________
_________________________________
Washington Coordinator Assistant
Regional Director
_________________________________
_________________________________
Date Date
Washington Department of Fish and
Wildlife Washington Department of Ecology
_________________________________
_________________________________
Director Director
_________________________________
_________________________________
Date Date
Governor Salmon Recovery Team
_________________________________
_________________________________
Date
Okanogan County Commissioner, Dist.
1, Dist. 2, Dist 3
_________________________________
_________________________________
Commissioner Commissioner
_________________________________
_________________________________
Commissioner Date
Methow Basin Planning Unit
_________________________________
__________________________________
_________________________________
__________________________________ Date Date
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