HomeMy WebLinkAboutNatural Resources April 18 20171 WHATCOM COUNTY COUNCIL
2 Natural Resources Committee
3
4 April 18, 2017
5
6 CALL TO ORDER
7
8 Committee Chair Todd Donovan called the meeting to order at 9:30 a.m. in the
9 Council Chambers, 311 Grand Avenue, Bellingham, Washington.
10
11
12 ROLL CALL
13
14 Present: Carl Weimer, Satpal Sidhu and Todd Donovan
15 Absent: None
16 Also Present: Barbara Brenner, Ken Mann, and Rud Browne
17
18
19 COMMITTEE DISCUSSION AND RECOMMENDATIONS TO COUNCIL
20
21 1. RESOLUTION APPROVING THE BIRCH BAY COMMUNITY PARK MASTER PLAN
22 (AB2016 -1858)
23
24 Weimer moved to recommend approval to the full Council.
25
26 Mike McFarlane, Parks and Recreation Department Director, gave a staff report and
27 asked that the Council approve the resolution. He answered questions about community
28 members providing volunteer work in the park; using conservation futures funds for
29 purchase only, not maintenance; how much time it will take for the community to raise
30 funds; the possibility of using economic development funds, since the park includes that
31 component; and the possibility of using the parking lot also as a basketball court.
32
33 Rod Lamb, Parks and Recreation Department, answered questions about maps.
34
35 The motion carried by the following vote:
36 Ayes: Weimer, Sidhu, and Donovan (3)
37 Nays: None (0)
38
39 2. RESOLUTION REQUESTING THE STATE LEGISLATURE AMEND THE GROWTH
40 MANAGEMENT ACT TO CLARIFY THAT COUNTIES CAN RELY ON DEPARTMENT
41 OF ECOLOGY GUIDANCE FOR DETERMINING LEGAL WATER AVAILABILITY
42 (AB2017 -129)
43
44 Mark Personius, Planning and Development Services Department, gave a staff report
45 on the intent of the resolution. This resolution will accompany the interim water resources
46 ordinance before the Council, let folks know about everything the County is doing regarding
47 the Hirst decision, and will make the County's intent clear to the State legislature.
48
49 Councilmembers discussed and Personius answered questions on whether the County
50 is able to condition local permits to limit daily use of withdrawals; fixing the entire problem
51 so mitigation can move forward; the instream flow action plan; the resolution's author;
52 shortening the length of the resolution; asking the State to permit an "out -of- kind" instream
53 flow impairment mitigation option; identifying the true domestic water use, which is closer
Natural Resources Committee, 4/18/2017, Page 1
1 to 500 gallons per day, not 5,000; impacts to property values; and installing gages in each
2 creek to determine actual flow data.
3
4 Weimer submitted a handout of the resolution with amendments (on fi /e).
5
6 Weimer moved to amend the title, "Resolution requesting the State Legislature
7 amend the Growth Management Act to clarify when th-at counties can rely on Department of
8 Ecology guidance for determining legal water availability, and provide the Department of
9 Ecology adequate funding to update inadequate instream flow rules and, if necessary,
10 develop mitigation plans to address the effects of permit exempt wells."
11
12 The motion to amend carried by the following vote:
13 Ayes: Weimer, Sidhu, and Donovan (3)
14 Nays: None (0)
15
16 Donovan moved to amend, "Whereas ... on December 6, 2016 the Whatcom County
17 Council, at the request of the County Executive, adopted ordinance...."
18
19 The motion to amend carried by the following vote:
20 Ayes: Weimer, Sidhu, and Donovan (3)
21 Nays: None (0)
22
23 Donovan moved to amend, "Whereas hundreds of property owners suddenly are
24 now have been unable to obtain...."
25
26 The motion to amend carried by the following vote:
27 Ayes: Weimer, Sidhu, and Donovan (3)
28 Nays: None (0)
29
30 Donovan moved to amend to delete, "WheFeas resiflen€ial wal
31 peFrmt exempt. wee s- Ep--sents a tong fFactmon of teta m
32 Goufrt -, and.
33
Th.,- mvtwn. to uiiiciiu currlcu by uic iviivvviiiy vote:
35 Ayes: Weimer, Sidhu, and Donovan (3)
36 Nays: None (0)
37
38 Weimer moved to amend, "Whereas the Whatcom County Council recognizes the
39 financial and... resource and rural lands to low density...."
40
41 The motion to amend carried by the following vote:
42 Ayes: Weimer, Sidhu, and Donovan (3)
43 Nays: None (0)
44
45 Weimer moved to add a new Whereas statement, "...taxpayers, and property
46 owners; and Whereas, the Hirst Decision has shifted to the Counties some of what has been
47 the historical lead responsibilities of the Department of Ecology to determine water rights
48 and legal water availability, set and update instream flow rules, and provide leadership,
49 guidance and support for watershed planning and implementation activities, and."
50
51 The motion to amend carried by the following vote:
52 Ayes: Weimer, Sidhu, and Donovan (3)
53 Nays: None (0)
Natural Resources Committee, 4/18/2017, Page 2
Weimer moved to amend, "Whereas the County continues to support long -term
water resource planning initiatives in coordination with the WRIA 1 Watershed Planning
Unit, WRIA 1 Watershed Management Board...."
The motion to amend carried by the following vote:
Ayes: Weimer, Sidhu, and Donovan (3)
Nays: None (0)
Weimer moved to add four new Whereas statements:
"...the Puget Sound Partnership recovery management process; and
Whereas, the adopted WRIA 1 Watershed Management Plan includes a
well thought out and supported Instream Flow Action Plan in recognition of
the deficiencies found in the current Nooksack instream flow rule; and
Whereas, funding from the state for support and implementation of
adopted watershed management plans, including necessary instream flow
updates has ceased; and
Whereas, funding for the Department of Ecology to support and
participate in Watershed Planning Act activities, water rights processing and
enforcement, and instream flow rule updates is woefully insufficient; and
Whereas, due to lack of resources the Department of Ecology no
longer participates in the WRIA 1 Watershed Planning Unit; and"
The motion to amend carried by the following vote:
Ayes: Weimer, Sidhu, and Donovan (3)
Nays: None (0)
Weimer moved to amend, "Whereas, the County will continue to meet with the
Hirst petitioners in gee fa+t i settlement...."
The motion to amend carried by the following vote:
Ayes: Weimer, Sidhu, and Donovan (3)
Nays: None (0)
Weimer moved to amend, "Whereas the state legislative action is needed ... and
remove through mitigation the severe...."
The motion to amend carried by the following vote:
Ayes: Weimer, Sidhu, and Donovan (3)
Nays: None (0)
Weimer moved to delete and replace the Now Therefore Be It Resolved statement:
,G
Cound! requests the State Legial��-rgent-,attentian to this matter,
o c t' ndfnents te the Gfewt-h-Meffagern-ent '
protecting instream m s e
Natural Resources Committee, 4/18/2017, Page 3
1 •- ^,4 +lew -ee ta rely on--st-at-e-adepted-i nst ---Ire rule-- t-e
3 •--Es Izsli a eFarling R- ffeigfa<ffl f-6 F p e NT+R-
4 ex-efi+p wells seel basins with €ee4ri lieu -rimer+
5 payment eptien for af4ec+ed--pefm+t--appicants, whieh would ar #ew
6 permits to pf-eeeed - while state and eeuntie5 PF vide feF the -eetu-a4
7
8 _ Me eeun�-te-eendttien le al peFmits to limit _pail .ta-te
9 per .tea s t. es 4-ba ,
10 pen d ay
11 •-,414,e..p use of unexerelsed municipal ►vater —�#
12 peses
13 #—nAo fs ar=m of rii�atie
14 4--Ret eeel
15 ■provide- fi-naf�e+al assTsl-anee -fer develeping publie FuFal wat-ef
16 sep poi afrk -S:
17
18 NOW, THEREFORE, BE IT RESOLVED that the Whatcom County Council
19 requests the State Legislature's urgent attention to this matter, and strongly
20 recommends amendments to the Growth Management Act and adequate
21 funding to the Department of Ecology that would resolve the uncertainty
22 created by the Hirst decision while adequately protecting instream flows. The
23 County is supportive of legislation that would allow counties to rely on state -
24 adopted instream flow rules to determine legal water availability when such
25 rules include a Department of Ecology mitigation program for permit exempt
26 wells in closed basins that provides an overall net ecological benefit within the
27 same closed basin. Such mitigation plans may include:
28 • A fee -in -lieu of mitigation payment option for permit exempt wells
29 in closed basins for affected permit applicants, which would allow
30 permits to proceed while state and counties provide for the actual
31 timely instream flow mitigation.
32 • Allow counties to condition permits to limit daily use of state permit
33 exempt groundwater withdrawals to less than 5000 gallons per day
31 un. 17-r opVCi ft p
urpuScS. u 1v i i
35 • Allow use of unexercised municipal water rights for mitigation
36 purposes.
37 Allow for an "out of kind" instream flow impairment mitigation
38 option that provides an overall net ecological benefit within the
39 same sub - basin.
40 Provide financial assistance for developing public rural water
41 supplies, mitigation projects and /or water banks.
42
43 BE IT FURTHER RESOLVED that any such legislation also needs to
44 provide funding for the Department of Ecology to update instream flow rules
45 that need to incorporate the effects of, and where necessary, mitigation for
46 permit exempt wells in closed basins, or have already been identified as in
47 need of improvement in adopted watershed management plans under the
48 Watershed Planning Act."
49
50 The motion to amend carried by the following vote:
51 Ayes: Weimer, Sidhu, and Donovan (3)
52 Nays: None (0)
53
Natural Resources Committee, 4/18/2017, Page 4
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Weimer moved to recommend approval as amended to the full Council.
The motion carried by the following vote:
Ayes: Weimer, Sidhu, and Donovan (3)
Nays: None (0)
Linda Twitchell, Building Industry Association, spoke about getting the legislature to
approve something that allows the counties to use the Department of Ecology rulings and to
remove severe restrictions, which have nothing to do with mitigation; the total amount of
residential water withdrawals; the purpose of rural land; and the basis of the instream flow
limits.
Jim Hansen spoke about the 5,000 gallon per day exempt well water draw as a right,
the senior water rights of the Public Utility District, the Nooksack River minimum flow rule,
and water availability and agriculture.
Dannon Traxlor, attorney for Neil and Lanna Ray, submitted handouts (on file) and
spoke about the author of the memo and table on Council packet page 104. She spoke
about the Council authority to direct Planning staff on a legal framework without being
codified; unclear administration of permits; the impact of the Hirst decision on vesting; and
the lack of specific guidelines to applicants.
Councilmembers discussed the information in the Council memo beginning on
Council packet page 104.
Helen Peter stated she supports the resolution and spoke about the regulation for
5,000 - gallon water use per day.
OTHER BUSINESS
There was no other business.
ADJOURN
The meeting adjourned at 10:50 a.m.
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Jill Nixon, Minutes Transcription
WHATCOI COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Todd Donovan, Committee Chair
Natural Resources Committee, 4/18/2017, Page 5