HomeMy WebLinkAboutSurface Water Work Session November 15 20111
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Whatcom County Council
Special Surface Water Work Session
November 15, 2011
CALL TO ORDER
Council Chair Sam Crawford called the meeting to order at 10:30 a.m. in the
Whatcom County Civic Center Annex, Garden Room, 322 N. Commercial, Bellingham,
Washington.
ROLL CALL
Present: Barbara Brenner, Sam Crawford, Bill Knutzen and Ken Mann
Absent: Kathy Kershner, Tony Larson and Carl Weimer
SURFACE WATER WORK SESSION (AB2011 -024)
1. WATER RESOURCE INVENTORY AREA (WRIA) AND THE LOWER NOOKSACK
STRATEGY
John Hutchings, Public Works Department, gave a staff report and stated they must
decide how to go forward with this water resource planning effort and the scope of the
strategy and water plan update. He submitted a handout (on file) and described the history
of watershed planning in Whatcom County.
Crawford asked and there was discussion of how the $8 million was spent on
watershed planning during the WRIA effort.
Brenner asked and there was discussion of the deliverables received from the Utah
State University (USU) contract.
Knutzen stated and there was discussion of how controversial it is to get water rights
into the community rather than spend another $2.6 million.
Brenner asked and there was discussion of:
• Whether they are going through all this to develop their case that will
eventually go to federal court.
• Whether the information from USU is good to use and will be part of the
record.
• Whether the Tribes are seriously interested in this.
• Whether they will have a better chance of resolving the issues than if they
don't do anything.
The following people spoke:
• Roger Brown, Birch Bay Water and Sewer District, stated he submitted a
letter on September 9 expressing his views. This violates the watershed
management plan and detailed implementation plan. It is not necessary to
do a coordinated water system plan update now. If they do, follow the
procedures in that plan. The County, not the Public Utility District (PUD),
Surface Water Work Session, 11/15/2011, Page 1
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should be the lead entity. Review the entire program. Consider a general
adjudication in State court.
• Clare Fogelsong, City of Bellingham, stated don't slow down and wait to do
this. The water resource inventory area (WRIA) process biased the
negotiation toward in- stream flows. They don't know the out -of- stream
needs and issues. They must know that information. The Lummi and
Nooksack Tribes asked for federal adjudication.
• Wendy Harris stated get community buy -in before going forward. The County
should provide basic community education explaining water rights issues.
• Marty Mayberry, Bertrand Water Improvement District (WID), stated they're
not talking about the other resolution option. The community doesn't
understand the impact of quantification of instream flow rights. That makes
everyone else junior to those instream flow rights. The County must deal
with the gravity of the issue and decide which process to follow. Consider
whether it will make any difference in the end.
• Henry Bierlink, Farm Friends, stated he has requested the Tribal requests for
federal adjudication.
• Doug Allen, Department of Ecology, described the status of Ecology's
negotiation with the Tribes.
Hutchings asked if doing due diligence in preparing this information and in engaging
the Tribes is something they have to do anyway.
Mayberry stated that's the County's decision. Councilmembers need to know how
serious this issue is.
Mann asked and there was discussion of educating him as well as the community
about the significance of what is happening.
Crawford asked and there was discussion of the status of the timeline.
Bierlink stated the County was part of the federal negotiations, but there isn't
support to be there now. The County must deal with water quantity issues. He supports
the information Mr. Hutchings presented. This plan deals with gathering the information
they need.
Mann asked and there was discussion of whether the Tribes' requests are outside of
this WRIA process or will harm the process.
The following person spoke:
• Steve ]ilk, Whatcom PUD General Manager, stated the objective of the Joint
Board isn't to take anything from anyone else. The PUD's interest is to
provide leadership on a piece of this process they've been promoting for 12
years. The water purveyors of the County must join together to develop a
way to secure their needs. He spends many hours monitoring water
negotiations throughout the state. The only county with any success was
Walla Walla County. Get the out -of- stream water purveyors, with
representation of all stakeholders, together to do what they need to do.
Knutzen asked and there was discussion about the situations in Walla Walla County
and Kittitas County.
Surface Water Work Session, 11/15/2011, Page 2
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The following person spoke:
• Marion Beddill stated that if this will be settled in court, the County should be
as well prepared as possible. She supports continuing work on the collection
and preparation of data. The data collected so far has improved how they
deal with water. She congratulated Mr. Hutchings for successfully
summarizing the process over time.
Jilk stated there have been many discussions about the coordinated water system
plan update between the County Health Department, water associations, water and sewer
districts, and all the Cities. They agree that the update must be done. The Cities will
update their individual system plans, and they want to coordinate with the County's plan.
They are in the process of water negotiations. This is the best way to approach it.
The following person spoke:
• John Wolpers, Health Department, stated the coordinated water system plan
needs to be updated. They use it regularly. It makes sense to do it now.
Brown stated it's fine if the Health Department needs to update the plan for their
service areas. The County should be the lead and have a specific scope of work. He's
concerned it will create statutory color to a planning process that violates the watershed
management plan. He described what is happening in Walla Walla County and the
difference from Whatcom County. Consider general adjudication in State court. It's an
open process that results in certainty.
Skip Richards stated the history from Mr. Hutchings has serious misleading
comments. They've been stalling. Some parties have gone outside the document and are
doing their own thing. Any more documents must be legally binding. The problem with the
plan is that it is only a planning document, and people are being excluded. Make sure
everyone is always involved rather than allow back room deals.
Crawford asked the next step. Hutchings stated they must address the issue of
representation. He will present a scope of work for a coordinated water system plan update
and reestablish the committee.
2. FLOOD CONTROL ZONE DISTRICT MID - BIENNIUM BUDGET
(Clerk's Note: Council acting as the Flood Control Zone District Board of
Supervisors.)
Paula Cooper, Public Works Department, submitted a handout (on file) and stated
this budget will come forward in a supplemental budget request. It was discussed by the
Advisory Committee.
Jon Hutchings, Public Works Department, stated the work plan and budget are
inconsistent. There needs to be a budget adjustment to reconcile the budget.
Cooper stated $239,551 is a negative increase to the flood balance, but that tends to
end up as a balanced budget. It's not likely they will spend everything that is budgeted.
About $250,000 is budgeted for emergencies.
Hutchings described adjustments made recently to the current budget and the
effects on the 2012 budget.
Surface Water Work Session, 11/15/2011, Page 3
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Crawford asked and there was discussion of how the numbers in the resolution in the
Council packet match the handouts.
Brenner asked and there was discussion of additional revenues.
Cooper referenced the handouts and described the proposed adjustments to the
2012 budget.
Crawford stated they will forward this to the Finance Committee and schedule a
public hearing.
Hutchings stated they must work to define the system of dikes and levees that
they're managing, and decide what they're not going to do. Many people are coming
forward asking for money for things that aren't part of the system and don't have local
sponsors.
ADJOURN
The meeting adjourned at 12:30 p.m.
The Council approved these minutes on January 10, 2012.
ATTEST:
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
l
3 Please contact the Council Office to obtain an
3 official, signed copy:
3
31 360- 676 -6690 or council@7.o.whatcorn.wa.us
Surface Water Work Session, 11/15/2011, Page 4