Farmers press need for water law reform

By PEGGY STEWARD - Capital Press 
from www.capitalpress.com
9/14/01

LACEY, Wash. - Farmers and agricultural interest groups told legislators that serious revisions are needed in Washington state water policy to protect water rights yet provide flexibility to accommodate changing cropping patterns and weather conditions.

Water users met with more than a dozen lawmakers for a day-long session that included testimony from municipalities, counties, public utility districts, environmental interest groups and the tribes, as well as agriculture.

Spurred by this year's record drought and pressure to comply with the Endangered Species Act and the Clean Water Act, policy-makers focused on four topics - instream flow targets, water for growing communities, the state's relinquishment or "use it or lose it" law, and funding for water infrastructure such as storage and drinking-water systems.

The 2002 off-year legislative session will likely last only 60 days, and for water legislation to succeed, complex issues will have to be ironed out before the session begins in January, lawmakers said. Last year, the Legislature passed the first water reform measure in many years, but only after prolonged and contentious wrangling.

Kicking off the Sept. 10 listening session, Gov. Gary Locke said the state's "economy and environmental health depends on the reform of water laws" to meet the needs of both fish and people. "Water defines us," Locke said. "It is the lifeblood of the American West."

Most of those testifying agreed that solutions to critical water issues must be found quickly.

Most of the agriculture representatives testifying were from Eastern Washington, but water-policy reform is also critically important to farmers on the west side, said Paul LaCroix, manager of the Western Washington Agricultural Association.

Water rights are granted based on the use of a certain amount of water for a specific acreage, LaCroix said. But if a farmer conserves and cuts water use by one-half, he isn't allowed to use the other half on adjoining acreage.

"You should be able to move water around," said LaCroix.

Farmers who rely on groundwater also face challenges related to minimum in-stream flows. In subtidal agriculture in the Skagit, Nooksack and Stillaguamish valleys, for example, the nearby bay can have more influence than the river on "hydraulic continuity" - the principle that says that in some cases groundwater is connected to river levels, LaCroix said.

Eastside views

Yakima County Commissioner Jim Lewis urged the lawmakers to consider new water storage in the Yakima River Basin, citing severe impacts to the region's economy from this year's record drought. He said that without action, the Yakima Basin faces increasing hardships.

"The Yakima Basin is a Klamath Basin ready to happen," Lewis said, referring to the devastating crisis that has a stranglehold on hundreds of farmers and has dried up thousands of acres of land in Southern Oregon and Northern California to protect sucker fish.

Counties have little jurisdiction over water issues but are required to carry out state policies, Lewis said. He said more funding is needed to help cash-strapped government entities grapple with water issues.

Zillah apple grower Charlie de la Chapelle represented several state agriculture groups including the Washington State Horticultural Association. He told the lawmakers farmers need water rights certainty, including consistent interpretation of policy. Without that, farmers can't plan or make investments on the land, he said.

The state's "use it or lose" law that requires the relinquishment of water not used in a five-year period jeopardizes farmers who use differing amounts of water for changing cropping patterns, de la Chapelle said.

The Columbia-Snake River Irrigators Association offered new language to clarify the relinquishment law to protect water rights while ensuring adequate water supplies for future social and economic needs. CSRIA President Tom Mackay of AgriNorthwest, a large farming operation in the Tri-Cities region, urged lawmakers to change the five-year nonuse period to 20 years. That would give farmers and others greater incentives to save water and provide flexibility for farming operations, he said.

Many of the ag groups expressed support for CSRIA's alternative water management plan for the Columbia River Basin. The plan would provide funding for new storage and efficiency projects in tributaries and watersheds and revise mainstem target flows. That includes the National Marine Fisheries Service's no-net loss policy that dictates no new water can be withdrawn unless it is replaced somewhere else in the system.

For the last few decades, state water resources either have not been managed or have been mismanaged, said Chris Cheney, a lobbyist for several agriculture groups including the Hop Growers of Washington and the Washington State Dairy Federation.

Agriculture needs equity in water issues, Cheney said. Municipalities have flexibility and can move water for things like golf courses or parks. Agriculture needs similar flexibility in its use of water, he said.

The agricultural community in Eastern Washington is "scared and paranoid," said Paul Stoker, an Othello farmer representing the Washington Association of Conservation Districts. The state relinquishment law is destabilizing, and works against conservation, he said.

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