HomeMy WebLinkAboutres1991-075WHATCOM COUNTY COUNC AGENDA BILL
NO. 91 -197A
Ci:EARANCES
Initial
Date
Date Received in Council Office:
Agenda -Date
Assigned To:
Originator - Laidlaw
9/10/91
Council (not on agenda)
Division Head-
9/24 /91
Council
Department Head -
Prosecutor Review-
Purchasing/Budget Dir.-
Executive-
Critical Water Supply Area -- possible reconsideration of action taken 7/9/91
ATTACHED OR ON FILE:
Various documents, including minutes from the 6/11, 6/25 and 7/9 meetings
Public Hearing Needed? Yes / _/N%/
SUMMARY STATEMENT. Laidlaw's motion at the 9/10/91 meeting was: ".. To rescind the motion made
on July 9, 1991." After discussion, she withdrew the motion. The motion arose from a discussion of
difficulties the Administration is experiencing with the Lummi Indian Tribe over the inclusion of
reservation lands within the boundaries of the Critical Water Supply Area.
The motion to which Laidlaw refers was made July 9 and suggested that the resolution forming the
Critical Water Supply Area be amended to include Tribal lands; it carried with a majority vote, the
resolution was amended as suggested, and the amended resolution was approved.
ORIGINATOR'S RECOMMENDED ACTION.-
COMMITTEE ACTION (including dates):
COUNCIL ACTION (including dates):
9/24/91: Council approved (Resolution provided 9/24)
Related File Numbers. Ordinance or Resolution Number. • R E S 91- 0 7 5
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FILE REF: #34- 90:CWSP INTRODUCED BY. , Marae Laidlaw
PROPOSED BY. PlanninglWater Resource Manager
DATE. September 24, 1991
RESOLUTION NO. 91 -075
A RESOLUTION REVISING AND 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 on July 9, 1991, adopted a resolution establishing Critical Water Supply Area
boundaries to meet the requirements for developing a Coordinated Water System Plan (CWSP) under RCW 70.116;
and
WHEREAS, public meetings were held where the proposed Critical Water Service Area boundaries were reviewed
and discussed with the Water Utility Coordinating Committee (WUCC) created in accordance with RCW 70.116;
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 to the Council keeping the preliminary boundaries that the Council
had adopted in November with certain exceptions; 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 Lummi Indian Business Council; and subsequent
input was received from the CWSP consulting engineer, State agencies, the public, and the Lummi Indian Business
Council leading to discussion during the Council meeting of September 24, 1991; and
WHEREAS, additional research is needed to prepare an exact list of those fee land parcels on the Lummi
Reservation within and without the Critical Water Supply Service Area as described in the WUCC recommendation
and defined in the text of this Resolution; and
WHEREAS, the Council, after such a list is prepared by County staff in cooperation with tribal staff, State Health
and Ecology staff, PLID staff, and representatives from the water systems on the Reservation, agrees to meet with
the Lummi Indian Business Council to discuss how to best cooperate in providing adequate water service to the
constituents of their jurisdictions; and
WHEREAS, nothing herein is intended to compromise or affect in any way the jurisdictional claims of the Lummi
Indian Nation, the State of Washington, or Whatcom County over the fee lands on the Lummi Indian Reservation;
and
WHEREAS, the County Council hopes that jurisdictional conflicts will be minimized during the development of the
CWSP;
WHEREAS, time constraints given by RCW 70.116 make it impossible to meet with the Lummi Indian Business
Council and the Nooksack Tribal Council prior to adoption of this resolution; and
WHEREAS, the County Council desires the participation of the Lummi Indian Nation and the Nooksack Tribal
Council in the development of the CWSP and invites their attendance at all meetings of the WUCC and written
comments as appropriate;
NOW THEREFORE, pursuant to WAC 248-56 and after review of the entire record the Whatcom County
Council hereby makes the following findings:
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FILE REF:
Page 2
1. Whatcom County has water service problems related to inadequate water quality, system
inadequacies, and lack of coordinated planning for water systems which are scattered throughout the
geographical boundaries of the County.
2. Existing political or jurisdictional boundaries warrant exclusion from the CWSP of those portions
of the Lummi Reservation and the Nooksack Reservation and Nooksack trust lands not served by water
purveyors under State and County jurisdiction.
3. One of the County's goals in the boundary designation process is the cooperative development
of water system plans with all utilities, municipal or private; all political jurisdictions within the County,
particularly the Lummi Indian Nation and the Nooksack Indian Tribe; and the State Departments of Health
and Ecology.
4. The dispute between the water associations within the boundaries of the Lummi Indian Reservation
and the Lummi Indian Nation is not within the jurisdiction of the County to resolve.
5. The wording of the recommendation from the WUCC in certain details was ambiguous and did not
distinguish between the authority of the County and the State to determine the service areas of water
utilities.
Based upon the foregoing findings, the Council has reconsidered Resolution 91 -046 wherein it defined the borders
of the CWSSA to include the entire Lummi Reservation and the Nooksack Reservation and trust lands and accepts
the recommendation of the WUCC with the modifications adopted below.
NOW THEREFORE BE IT RESOLVED BY THE WHATCOM COUNTY COUNCIL:
1. The Whatcom County Council acknowledges the separate jurisdictions of the Lummi Indian Nation and the
Nooksack Indian Tribe and rescinds Resolution 91 -046.
2. The Council designates all land in Whatcom County west of the National Forest excluding the Nooksack
Indian Reservation and trust lands and the Lummi Indian Reservation but including all fee lands on the reservations
within existing service areas as defined by WAC 248 -56- 200(11) which are under State and County jurisdiction and
are not currently receiving water service from the Lummi Indian Nation or the Nooksack Indian Tribe.
3. The Council finds the public health, safety and general welfare are promoted by this change.
PASSED this 24 day of September , 1991.
AT ES
ip " A ACV"-N0,,
Clerk of the Council
WHATCOM COUNTY CO NCIL
WHATCOM CO TY, WASH GTON
Daniel Warner, Chairperson
APPROVED AS TO FORM:
Robert Carmichael
Civil Deputy Prosecuting Attorney
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