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HomeMy WebLinkAboutWater Resources April 9 1991WHATCOM COUNTY COUNCIL WATER RESOURCES COMMITTEE April 9, 1991 The meeting was called to order at 12:00 p.m. in the Council Chambers, 2nd Floor, 1000 N. Forest, by Chairman Donald G.Hansey. Also Present Emily Jackson Bob Imhof Absent None DISCUSSION REGARDING HEALTH DEPARTMENT POLICY AND PROCEDURE REGARDING WATER AVAILABILITY FOR BUILDING PERMITS, INCLUDING DISCUSSION OF LAKE SAMISH SITUATION (AB91 -127) (RELATED INFORMATION ON FILE UNDER AB91 -133) (HEALTH OFFICER DR. FRANK JAMES AND DEPUTY PROSECU- TOR BOB CARMICHAEL HAVE BEEN ASKED TO ATTEND AND PARTICIPATE IN DISCUSSIONS) Bob Carmichael, Deputy Prosecutor, stated that he has examined the policy put forth by the Health Department. He has found that it is a policy that was adopted pursuant to House Bill 2929, specifically the segment of Section 63 of the Growth Management Act which deals with water availability before issuance of building permits. Carmichael said that the administration has the authority and the ability to adopt policies to interpret state law. However, state law is only so clear in Section 63 and does not give any distinct indication of what kind of policies need to be adopted to implement the intent behind the law. The intent is to insure adequate, potable water. The goal of the Health Officer is to try to fulfill this intent. Carmichael is unable to conclude that the Health Department policy is unreasonable. Extensive discussion ensued. Dr. James, Whatcom County Health Officer, asked the Council where they would like the Health Department to go from here. Dr. James said that this issue needs to be taken forward to a number of public hearings, specifically dealing with the builders, realtors, and the well drilling community. Dr. James is ready to go forth with these hearings whenever the Council is ready. Water Resources Committed Minutes, 4 -9 -1991, page 1 Dr. James spoke at length on other Counties and what their policies are. Most of the Counties he has been in contact with have prohibited the use of surface water all together. Hansey stated that this segment of Section 63 of House Bill 2929, must be dealt with as soon as possible. A policy regarding water availability before issuance of building permits needs to be brought before the Health Board, addressed at a public hearing, and passed. By adopting a policy regarding Section 63, the public will know what they can and cannot do. Jackson said that there is a great need for a clear cut administrative appeals process by which the County can quickly deal with the possibilities of alternatives. She asked Dr. James if he would be willing to write something up about a variance or appeal process that would add some clarity to this issue. Dr. James replied that he would need to review what options exist and then he would be willing to make a recommendation. JACKSON MOVED TO REQUEST THE ADMINISTRATION TO BRING FORWARD AN INTERIM REGULATION TO IMPLEMENT SECTION 63 (AS APPLIES TO "ADEQUATE POTABLE WATER SUPPLY') OF HOUSE BILL 2929 TO THE HEALTH BOARD FOR PUBLIC HEALTH IMPLEMENTATIONS AND TO INCLUDE SOME CLARITY ON THE APPEAL PROCESS WITHIN TWO WEEKS. There was discussion of the Health Departments ability to have a draft ready within two weeks. Dr. James agreed. Motion carried unanimously. Several Lake Samish property owners were in attendance at the Committee Meeting. They were all in agreement that something has to be done very soon. It was requested that the Council have a meeting with the Lake Samish Management Committee. 2. OTHER BUSINESS ADDENDUM TO THE AGENDA 4. APPLICATION (RESOLUTION ?) FOR DEPARTMENT OF ECOLOGY PILOT PROJECT FOR NOOKSACK RIVER BASIN UNDER THE CHELAN AGREEMENT (AB91- ) Haney stated that as part of the Chelan Agreement, a pilot project would be implemented, one in Eastern Washington and one in Western Washington, to conduct Water Resources Committee Minutes, 4 -9 -1991, page 2 regional planning of water basins. This project would be funded by the Department of Ecology. Applications will be discussed on April 10, 1991, at a sub - committee meeting of the Association of Washington Counties. On April 12, 1991, another committee will evaluate the applications and send them forward to the D.O.E. for an April 15th meeting where they will begin the final consideration process. Whatcom County has not completed an application to become part of this pilot project. Haney said that with the short time frame and lengthy criteria that the County would be working with, it would be virtually impossible to put together an application at this point in time. A letter was presented to the Committee by the Lummi Indian Nation stating the they are not interested in participating in the Chelan Agreement. Doug Dobyns, Nooksack Indian Tribe, stated that the Nooksack Indian Council had met earlier in the day to discuss the pilot project. They did not have a copy of the letter from the Lummi Indian Nation at that time, but had been previously notified that they were not interested in participating in the Chelan Agreement. The Nooksack Tribe has also decided that the only position they can take at this time is one of non - participation. Extensive discussion ensued. Jackson said that what she would like to do is to move this information forward to the County Council, recognizing that there has been input on the issue and that it should be moved on to the Association of Counties. Haney stated that he recently spoke to several people knowledgeable in this area. One of their recommendation was that the County Council instruct the Chairman of the Council to write a letter pointing out that we are not applying for the project at this time. However, when we do our own regional drainage basin plan, we want to have the opportunity to receive any state funding that may come available on feature projects. Tom Anderson, Manager, Whatcom County Public Utilities Department, said that they are currently working on the Coordinated Water System Plan. This plan will answer some of the question about domestic needs in the County, hopefully for now and the next 40 to 50 years. Anderson said that the most important thing that can happen at this time is communication. The problem we have in Whatcom County is that there has not been enough communication between the parties involved. One of the real keys in the Chelan Project was that everyone got together to work on regional water resource plan. Anderson would like to see the Council recommend to the Administration that they call together all Water Resources Committee Minutes, 4 -9 -1991, page 3 persons in local government that would be involved with the Chelan Process, if and when it takes place in the future. Anderson stated that we need to begin the discussions on a local level, identify problems at that level, and begin to work toward a way to solve them. The meeting was adjourned. ATTEST WATER RESOURCES COMMITTEE Water Resources Committee Minutes, 4 -9 -1991, page 4