Ecology is restarting rule-making on the Water Resources Management Program for the Dungeness Portion of the Elwha-Dungeness Water Resource Inventory Area (WRIA 18)- Chapter 173-518 WAC
Posted 11/21/2011
from Laurie Dumar
Washington State Dept. of Ecology
ldum461@ECY.WA.GOV
What is the purpose of this rule?
The proposed rule would set policies for future water quantity decisions, helping to ensure future water supplies for people and agriculture while protecting senior water rights, stream flows and fish habitat. This rule would set instream flows on the Dungeness River and eight smaller streams.
When did Ecology first begin work on this rule?
The Department of Ecology began work on this rule after the 2005 adoption of the Elwha-Dungeness Watershed Plan by the Clallam County Board of Commissioners. Many sections of the rule are based on recommendations from the Watershed Plan. The plan obligated Ecology to develop a water management rule. Ecology consulted closely with local agencies and governments, tribes and interested citizens in drafting this rule from 2006 - 2010.
How did the Rule Suspension Executive Order affect the rule-making?
In November 2010 Ecology offered to delay adoption of this rule for one year if local leaders in Clallam County's Dungeness watershed would opt to collaboratively develop broader solutions for water supply and stream flow restoration. In December 2010 Ecology’s Director put this rule-making on the “to-be determined” list while local leaders worked on broader solutions for water supply and stream flow restoration. In February 2011 an Agreement in Principle was signed by the County, the Dungeness Water Users Association (irrigators), and Ecology. The Jamestown S’Klallam Tribe sent a letter of support, but did not sign the AIP. The AIP includes five elements:
· Prevent permanent reductions in Dungeness River flows or small streams due to new uses.
· Supply adequate and reliable water for new uses.
· Ensure sustainable agriculture in the Dungeness Valley.
· Restore stream flows in the main-stem Dungeness and where feasible, in small streams.
· Have in place an instream flow rule that protects instream resources and existing water rights within 18 months after the agreement is signed.
When did Ecology’s Director decide to restart the rule-making?
Ecology’s director made the decision to restart the rule-making for WAC 173-518 in November 2011.
When the AIP was signed in February 2011 Ecology announced that work on the Dungeness instream flow rule would recommence in time to meet the goal of the AIP – to have a rule in place by August 2012. A Local Leaders Work Group has been meeting since that time to implement the AIP, and local community leaders agree that progress has been made in identifying water supply and restoration opportunities. The signatories to the AIP met with Ecology’s director in October and concurred that to meet the August deadline, the rulemaking process would have to begin in November.
How does this rule-making meet the OFM exemption criteria?
This rule-making is consistent with the Governor’s Executive Order 10-06 and 11-03, exemption criteria (3)(e) outlined by the Office of Financial Management.
(3) Rule making proceedings are non-critical unless the rule is:
(e) beneficial to or requested or supported by the regulated entities, local governments or small businesses that it affects.
For more information on Ecology’s implementation of the Executive Order, visit www.ecy.wa.gov/laws-rules/rulemaking_suspension.html
What is the timeline for Ecology’s rule-making?
Ecology, the County, the Water Users Association and the Jamestown S’Klallam Tribe set a goal to have an instream flow in place by August 2012. To meet this goal, Ecology intends to file a proposed the rule (CR 102) in March 2012. Prior to the March filing, Ecology will be actively engage with local groups and individuals to discuss the future of water management in the watershed, and to get input on the structure of a future water rule. The official state rule-making process will start with workshops in January 2012. Once filed with the Code Reviser’s Office, Ecology will hold a public hearing on the rule proposal in April 2012 and plans to adopt the rule in August 2012.
Where can I get more information?
· Ecology’s current rule-activity web page
www.ecy.wa.gov/laws-rules/currentactivity.html.
· Proposed Dungeness instream flow and water management rule web page: www.ecy.wa.gov/programs/wr/instream-flows/dungeness.html
Who can I contact for more information?
Ann Wessel, Water Resources Program
Department of Ecology
Bellingham Field Office
1440 – 10th Street, Suite 102
Bellingham, WA 98225
Phone: 360-715-5215
Fax: 360-715-5225
Email: ann.wessel@ecy.wa.gov