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Home My WebLink Aboutres2013-025 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2013 190 CLEARANCES Initial Date Date Received in Council Office A:enda Date Assigned to: Originator: 5/22/2013 5/21/2013 Introduction Division Head: 6/04/2013 Council Dept.Head: 7/09/2013 PWHS Prosecutor: 7/23/2013 Council Purchasing/Budget: Executive: TITLE OF DOCUMENT: Resolution restoring the WRIA 1 Planning Unit ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing? ( ) Yes ( x ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing,you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Resolution restoring the WRIA 1 Planning Unit to assist the Whatcom County Council regarding water resources COMMITTEE ACTION: COUNCIL ACTION: 7/09/2013: Discussed. Committee wants Council to hold in 5/21/2013: Introduced Council for two weeks. Changes from Dan Gibson & 6/04/2013: Referred to Public Works Committee. Dan will present amended substitute tonight for Council staff to make available to the public tonight_ Committee on July 9. This amended substitute will be the version in Council 7/09/2013: Substitute Held in Council to July 23, 2013 in two weeks. 7/23/2013: Council Amended & Approved 6-0, Kershner absent Res. 2013-025 Related County Contract#: Related File Numbers: Ordinance or Resolution Number: Res. 2013-025 Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcom.wa.us/council. PROPOSED BY: BRENNER SPONSORED BY: BRENNER, KNUTZEN, KREMEN INTRODUCTION DATE: MAY 21, 2013 RESOLUTION NO. 2013-025 RECOGNIZING THE ROLE OF THE WRIA 1 PLANNING UNIT TO ASSIST THE WHATCOM COUNTY COUNCIL REGARDING WATER RESOURCES WHEREAS, in 1998, the Washington State Legislature adopted ESHB 2514, 90.82 RCW, the Washington State Watershed Planning Act (WPA); and WHEREAS, the RCW 90.82.005 states, "The purpose of this chapter is to develop a more thorough and cooperative method of determining what the current water resource situation is in each water resource inventory area of the state and to provide local citizens with the maximum possible input concerning their goals and objectives for water resource management and development"; and WHEREAS, RCW 90.82.005 states, "The legislature finds that the local development of watershed plans for managing water resources and for protecting existing water rights is vital to both state and local interests. The local development of these plans serves vital local interests by placing it in the hands of people: Who have the greatest knowledge of both the resources and the aspirations of those who live and work in the watershed; and who have the greatest stake in the proper, long-term management of the resources. The development of such plans serves the state's vital interests by ensuring that the state's water resources are used wisely, by protecting existing water rights, by protecting instream flows for fish, and by providing for the economic well-being of the state's citizenry and communities. Therefore, the legislature believes it necessary for units of local government throughout the state to engage in the orderly development of these watershed plans"; and WHEREAS, RCW 90.82.030 (1) states, "All WRIA planning units established under this chapter shall develop a process to assure that water resource user interests and directly involved interest groups at the local level have the opportunity, in a fair and equitable manner, to give input and direction to the process"; and WHEREAS, on May 5, 1998, Whatcom County Council unanimously adopted Resolution 1998-024 whereby Whatcom County affirmed its duty under RCW 90.82 to serve as "watershed planning lead agency" among the initiating governments; and WHEREAS, on December 22, 1999, the WRIA 1 Planning Unit ("Planning Unit") was formed through adoption of the Watershed Management Project Planning Unit Process and Procedural Agreement. The Planning Unit included a broad range of water resource user interests and directly involved interest groups. Governmental participants included Whatcom County, PUD No. 1 of Whatcom County, the City of Bellingham, the State Department of Ecology, the Small Cities Caucus, the Water Districts Caucus, the Diking and Drainage Districts Caucus and the Port of Bellingham. Non-governmental participants included the following caucuses: agriculture, fishers, forestry, land development, environmental, private well owners, and non-municipal water systems; and WHEREAS, in 2005 the Planning Unit approved and Whatcom County adopted the WRIA 1 Watershed Management Plan (WMP); and WHEREAS, in 2007 the Planning Unit approved and Whatcom County adopted the WRIA 1 Detailed Implementation Plan (DIP), which was required pursuant to RCW 90.82.043; and WHEREAS, both the WMP and DIP called for the Planning Unit to continue functioning to address instream flows and WMP updates; and WHEREAS, Whatcom County Council has consistently recognized that review and approval of watershed plans and plan amendments shall be conducted by the Planning Unit in a continuous improvement process in the manner provided for by the Council-adopted WMP and DIP; and WHEREAS, the Planning Unit has not met since June 30, 2009 and thus has not functioned to carry out its role as contemplated in the adopted WMP and DIP; and WHEREAS, Whatcom County Charter states in Section 2.20 (c) that the County Council has the power to "establish, abolish, combine and divide by ordinance, non-elective administrative offices and executive departments and to establish their powers and responsibilities"; and WHEREAS, Whatcom County Charter states in Section 2.20 (d) that the County Council has the power to "adopt by ordinance comprehensive plans, including improvement plans for the present and future development of the county," and further, that "The enumeration of particular legislative powers shall not be construed as limiting the legislative powers of the County Council." NOW, THEREFORE BE IT RESOLVED: Section 1: Finding. The Council finds that the Planning Unit is the advisory board established and responsible for recommending WRIA 1 water resource plans under RCW 90.82, including development of instream flow recommendations, and which is fully representative of the interests of local citizens in WRIA 1. Section 2: Council Authority. The County Council has sole authority under Chapter 90.82 to finally approve and adopt by ordinance WRIA 1 water resource plans and plans necessary for implementation thereof. Section 3: Request for Information. The County Council requests that the Planning Unit report regularly to the Whatcom County Council, the legislative branch of the WRIA 1 Lead Agency, on the status of its work. The Council further requests that the County Executive facilitate this reporting function. Section 4: Cooperation of County Officials. It is the policy of the County Council that Whatcom County shall support the Planning Unit as the Council deems necessary to fulfill all its functions and obligations. Section 5: Governance and Structure. The County Council supports a Planning Unit that meets as needed to discharge its responsibilities and conducts all meetings under the Open Public Meetings Act. It is the policy of the County Council that the Planning Unit shall review its adopted governance structure and operating rules as it deems necessary, so as to maintain a process to assure that water resource user interests, and directly involved interest groups at the local level have the opportunity, in a fair and equitable manner, to give input and direction to the process. Section 6: Review and Approval of Watershed Plans. The County Council requests that the Planning Unit regularly review and approve and provide recommendations as appropriate on any on-going assessments of the current water resource situation, including, but not limited to water availability, instream flow, water quality, and habitat. As provided in the Watershed Planning Act, amendments to the WMP will be submitted to Whatcom County Council for approval. Section 7: Coordinate with salmon recovery board. The County Council requests that the Planning Unit review the progress of salmon recovery efforts and provide input to the County to inform its participation on the salmon recovery board. Section 8: Review and Comment on Water Resource Issues. The Whatcom County Council finds that the Planning Unit, by virtue of its expertise, experience, and inclusiveness, can add significant value for the Council and Executive by providing review and recommendations of water resources issµeeithapfpme before the Council. The Council requests that the Planning Unit provide u.e r ii L V1 9 the parameters established in RCW 90.82. ► .. id •�r clay of July , 2013. • GOO - WHATCOM COUNTY COUNCIL •. ^'a�'�� + •� - WH COM Co , WASHING ON /Y z2r Dana-rodn;t tigii§A a o tere Council Kathy Ke s•ner f ouncil air if • . } `tip - `‘\ APPROVED A S J Q R M ECU a4. Civil Deputy Prosecutor