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HomeMy WebLinkAboutres1991-046WHATCOM COUNTY COUNCIL, FNDA BILL NO. AB91 -197 Execut i've- SUBJECT: Coordinated Water System Plan "Critical Water supply Area" Boundaries ATTACBAIENTS: Letter from the Water Utility Coordinating Committee Letter to Council from Deborah Kingaley, CWSP Program Manager, PUD Memorandum from County Staff serving as the overnight committee on the CWSP Resolution adopting Critical Water Supply Area boundaries Public Hearing Needed? Yes / jL/ No SUMMARY STATEMENT: The County Council adopted proposed boundaries for the Critical Water Supply Area use, needed to establish the planning area for the Coordinated water System Plan as required in RCW 70, based upon a preliminary recommendation by planning department staff. A requirement for adoption of the final boundaries is that the Water Utility Coordinating Committee (WUCC) recommend boundaries • to the Council.. The WUCC heard debate between the Lummi Nation and water associations within the external boundaries of the Reservation which was lengthy and without clear answers. They recommended the Council 'ontinue with the original boundaries with the understanding that the Council would have to nave hearings and make its own determination. As a result of their motion, the recommendation from the WUCC is not the-same as the recommendations made by-the PUD, the County staff, and State agencies who participate on the WUCC. Because all of the agency staff believe that it will take years before the jurisdiction over the water systems within the reservation is legally resolved, we have prepared an resolution that reflects the staff and agency recommendation rather than the WUCC's recommendation. RECOMMENDED ACTIONS The Planning Department recommends that Council: 1. Adopt the Critical Water Supply Area boundaries indicated in the resolution (thus removing all of the area within the external boundaries of the Reservation from the planning boundaries for the purposes of meeting the requirements of*RCW 70.116). . 2. Direct the County Executive to have legal staff again request determination by the State on the question of jurisdiction and to have planning staff continue to work with both the Lummi government and the affected water systems within the context of the County's land use and water system planning process. CCMMITTEEACTIQN O cludIng dates): COUNCIL ACTION (including dates): 5/28/91: Council will hold Public Hearings 6/25/91: Council delayed to July 9, 1991. 7/9/91: Council approved with 5 -1 (Laidlaw on June 11 & 25th. againist /Jackson absent) Related File Numbers: Ordinance /Resolution No: RES91 -046 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 _7 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 ,5 36 37 \record \planres.711 INTRODUCED BY: Consent PROPOSED BY: Planning? DATE: May 22, 1991 RESOLUTION NO. 91 -046 A RESOLUTION ESTABLISHING THE CRITICAL WATER SUPPLY AREA BOUNDARIES FOR THE PURPOSE OF DEVELOPING A COORDINATED WATER SYSTEM PLAN IN ACCORDANCE WITH RCW 70.116. WHEREAS, Whatcom County in November of 1990 adopted a resolution establishing proposed Critical Water Supply Area boundaries for the purpose of inaugurating the development of a Coordinated Water System Plan (CWSP) in accordance with RCW 70.116.including establishment of service boundaries, interconnections, conservation measures, and other provisions regarding the efficient provision of water to meet present and future needs by public and private utilities; and WHEREAS, Whatcom County Public Utility District 1(PUD) is functioning as lead agency under intergovernmental agreement with the County to prepare the Coordinated Water System Plan; and WHEREAS, the PUD held meetings where the proposed Critical Water Service Area boundaries were reviewed and discussed with the Water Utilities Coordinating Council (WUCC) which in accordance with RCW 70.116 includes representatives of public water systems with over 50 connections, the WA Department of Health, the County Planning and Health Departments, and the County Council, and with other interested parties including the Lummi Indian Business Council and the consultant under contract to assist the PUD in preparing the Plan; and WHEREAS, after lengthy discussion between representatives of the Lummi Indian Business Council and the water associations which exist within the external boundaries of the Lummi Indian Reservation, the Water Utility Coordinating Committee voted to recommend keeping the proposed boundaries that the Council had adopted in November, except: 1) include Point Roberts; and 2) include the fee simple lands served by water associations within the external boundaries of the Lummi Reservation but exclude the remainder; and WHEREAS, the County Council has the authority to adopt the provisions of the Coordinated Water System Plan for all systems in the County, whether or not they were entitled to have voting representatives on the WUCC (such representation being limited by the RCW to systems who both have greater than 50 connections and are located within the adopted boundaries); and in other counties where a Coordinated Water System Plan has been prepared the legislative authority has followed this practice of making the regulations applicable equally to all systems within a county; and WHEREAS, one of the requirements in the RCW for Coordinated Water System Plans is that purveyor service area boundary disputes be resolved before the Plan may be considered for adoption by the County Council; and WHEREAS, the water associations within the external boundaries of the Lummi Reservation and the Lummi government have been disputing jurisdiction through the state courts intermittently for several decades; and 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 WHEREAS, the County Planning and Health Departments, the staff of the PUD, the consultant, the representatives of the WA Dept. of Health and WA Dept. of Ecology, all recommended that the boundaries of the CWSSA exclude all land area within the external boundaries of the Reservation so that the Coordinated Water System Plan would not be delayed by the State or Federal government processes necessary to resolve boundary disputes between the water associations and the tribe; and WHEREAS, two public hearings, on June 11 and June 25 of 1991, were held by the Whatcom County Council with both oral and written testimony received from the public and the tribe on the desirability of including the fee simple lands that are within the exterior boundaries of the Reservation within the boundaries of the CWSSA; NOW, THEREFORE BE IT RESOLVED by the Whatcom County Council as follows: (1) The Whatcom County Council acknowledges the dispute between the water associations within the boundaries of the Lummi Indian Reservation and the Lummi Indian Nation and informs all parties that the County through its attorneys has repeatedly requested that the State determine the jurisdiction with authority over these water associations and will continue to do so until the State informs the County of who has jurisdiction over these water systems. (2) Whatcom County designates the entire geographic area of the county west of the national forest boundaries to be the "Critical Water Supply Area" for the purposes of RCW 70.116 to facilitate comprehensive planning. PASSED this 9th day of July , 1991. 21 22 ATTEST: 23 24 25 26 27 28 29 Ramona Reeves, Clerk of the Council APPROVED AS TO FORM: Robert A. Carmichael Civil Deputy Prosecuting Attorney WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Daniel Warner, Chairperson M cn x d M d a z rn a H cn M x n r C-- d M ITI d 7j 0 x M n H H n a r a m C-1 ro ro r K a to a 1 A O b M x r� z e r� Pig r_ YJ r r� r �Sa.