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Methow Valley News July 1, 1999 Endangered Species Coverage County, state and FS discuss water, fish pact Document would be presented to NMFS by Lee Hicks Okanogan County, state agencies and the Forest Service were meeting this Tuesday (June 29) to hammer out an agreement intended to assure local influence in any plans for endangered species and related water policies in the Methow Valley. Various agencies held a series of meetings and conference calls after hearing last week from the National Marine Fisheries Service it was favoring an agreement with the state Department of Ecology rather than all the agencies. NMFS has listed spring-run Chinook salmon and steelhead trout as endangered, and bull trout as threatened in the Methow basin under provisions of the 1973 Endangered Species Act. The county and other agencies began Tuesday to discuss a proposed draft agreement at Pangborn Field in Wenatchee. The draft, details of which had not been released at the News’ weekly deadline, could result in the county’s final proposal to NMFS for plans to insure water for the Valley and protect fish. County water resources director Dennis Beich said NMFS officials had been invited to attend the session. "I felt that NMFS should be there so the county can lay down their position and NMFS can lay down their position so we can begin negotiating," Beich explained Monday. At the June 23 meeting in its Lacey offices, however, state NMFS director Bob Turner told county and state officials that his agency was leaning to an initial agreement with DOE. The state agency would then be responsible for overseeing plans and enforcement actions under that scenario. "NMFS is prepared to try to come to an agreement with some authority and the authority always boils down to the state, and the state usually boils down to Ecology," Turner said. But state Fish and Wildlife manager Jeff Tayer emphasized that his agency, "has a very strong interest in working with the county." Turner replied, "That’s great...that’s your business." He added that NMFS would not oppose any other agreements struck among other agencies and governments to address endangered species plans. DOE manager John Monahan, who acted for that agency in its August 1998 watershed planning agreement with the county, cautioned, "I don’t think the state would want to commit themselves to the feds if they don’t think they can get an agreement at the county level." Following the meeting, county, state and Forest Service officials conferred in a series of conferences and apparently rejected the idea that any agreement be signed only by DOE and NMFS. State DOE representatives also agree with that position, some officials involved in the process acknowledge. County officials and other agency managers had expressed concern before the June 23 meeting that NMFS and the Governor’s salmon recovery team were providing little direction in the effort to respond to ESA issues. NMFS earlier had missed deadlines to respond to "biological assessments" for irrigation diversions on Forest Service land. The lack of a resolution for diversion permits resulted in irrigators being left with no water for early season crops. Two separate appeals involving three federal ditches, both alleging a "regulatory taking" of private property rights, have been filed with the regional Forest Service office in Portland. Many irrigators have complained that the delays--Wolf Creek and Skyline ditches remain closed-- have resulted in unnecessary economic hardships and uncertainty at a time that there is ample water in streams from an exceptionally high runoff year. NMFS has promised to issue "biological opinions," based in part on the earlier Forest Service assessments. But the agency has said it would again review stream conditions later in the season, and could force the Forest Service to shut ditches again if the agency, state and county officials don’t reach an agreement. A major concern of the county and private landowners not affected by the shutdown of the federal diversions are so-called Section 9 provisions of the ESA. These apply to "take" of endangered species, and open private landowners to legal action by third parties for putting endangered species in "jeopardy." NMFS has said that creating a "habitat conservation plan," under Section 10 of ESA, is one method to provide protection from lawsuits. The county’s response has been to propose an HCP which would have as its centerpiece a voluntary "water bank" to theoretically allow deposits of unused water rights to improve "instream flows" for fish. NMFS has said stream flows, including target flows to be set by the agency, are critical to fish recovery. The water bank is now part of a new state water rule being proposed by DOE that also grants priorities for community water systems and allows conversion of seasonal irrigation rights to year-round use. A potentially explosive agenda item at the June 23 meeting with NMFS was "default" provisions if ESA agreements are not followed. Closing the basin--including the drilling of exempt wells that at present do not require DOE permits-- a building moratorium and water rights adjudication were listed on the agenda--but not discussed at length. Although NMFS has been emphasizing the importance of stream flows, the agency concedes that not enough information is available to establish baseline targets. "We don’t know how much water is in a particular diversion," Turner said at the June 23 meeting. "There is a whole lot of information that’s going to be called for in the first year or two." As a result, Turner said NMFS would expect various agencies to, "agree to do some things (in the first year)" under "early action" items. A habitat conservation plan may not be completed in the first year, NMFS officials acknowledged. Opinion | Sports |
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