HomeMy WebLinkAboutres2018-016WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2018 114
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
Originator:
Brenner /Byr
3/27/2018
3/27/2018
Introduction
Division Head:
4/10/2018
NR /Council
Dept. Head: `a
i
4/24/2018
SCOTW /Council
Prosecutor:
5/8/2018
SCOTW /Council
Purchasin lBud et:
t
Executive:
TITLE OF DOCUMENT:
Resolution re: roles of water resource planning under RCW 90.82 & ESSB 6091
ATTACHMENTS:
SEPA review required? ( ) Yes ( ) NO
Should Clerk schedule a hearing ? ( ) Yes ( ) NO
SEPA review completed? ( ) Yes ( ) NO
Requested Date:
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this itein is an ordinance or requires a public
hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate.
Be clear in explaining the intent of the action.)
Resolution recognizing the roles and duties of Whatcom County, the WRIA 1 Planning Unit, and the WRIA 1 initiating governments regarding water
resources planning under RCW 90.82 and ESSB 6091
COMMITTEE ACTION:
COUNCIL ACTION.•
4/10/2018: Held in SCOTW for two weeks
3/27/2018: Introduced 5 -1, Browne opposed and Sidhu
4/24/2018: Held in Committee
absent
5/8/2018: Failed
4/10/2018: Held in Committee
4/24/2018: Held in Committee
5/8/2018: Approved 4 -2, Browne and Sidhu opposed,
Ballew absent, Resolution 2018 -016
Related County Contract #:
Related File Numbers:
Ordinance or Resolution
Number:
Res. 2018 -016
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing
on the County's website at: www.co.whatcom.wa.us /council.
PROPOSED BY: BRENNER, BYRD
INTRODUCTION DATE: MARCH 27, 2018
RESOLUTION NO. 2018- 016
RECOGNIZING THE ROLES AND DUTIES OF WHATCOM COUNTY, THE WRIA 1
PLANNING UNIT, AND THE WRIA 1 INITIATING GOVERNMENTS REGARDING
WATER RESOURCES PLANNING UNDER RCW 90.82 AND ESSB 6091
WHEREAS, in 1998, the Washington State Legislature adopted ESHB 2514,
90.82 RCW, the Watershed Planning Act (WPA); and
WHEREAS, RCW 90.82.005 states, "The purpose of this chapter is to develop
a more thorough and cooperative method of determining what the current water
resource situation is in each water resource inventory area of the state and to
provide local citizens with the maximum possible input concerning their goals and
objectives for water resource management and development "; and
WHEREAS, RCW 90.82.005 states, "The legislature finds that the local
development of watershed plans for managing water resources and for protecting
existing water rights is vital to both state and local interests. The local development
of these plans serves vital local interests by placing it in the hands of people: Who
have the greatest knowledge of both the resources and the aspirations of those who
live and work in the watershed; and who have the greatest stake in the proper,
long -term management of the resources. The development of such plans serves the
state's vital interests by ensuring that the state's water resources are used wisely,
by protecting existing water rights, by protecting instream flows for fish, and by
providing for the economic well -being of the state's citizenry and communities.
Therefore, the legislature believes it necessary for units of local government
throughout the state to engage in the orderly development of these watershed
plans "; and
WHEREAS, RCW 90.82.060 called out the "initiating governments" as the
entities responsible for developing a scope of work for watershed planning and
organizing a Planning Unit to oversee and approve watershed planning activities under
the WPA; and
WHEREAS, the WRIA 1 Initiating Governments consist of Whatcom County, the
Lummi Nation, the Nooksack Tribe, the City of Bellingham and PUD No. 1 of Whatcom
County; and
WHEREAS, on May 5, 1998, Whatcom County Council unanimously adopted
Resolution 1998 -024 whereby Whatcom County affirmed its duty under RCW 90.82 to
serve as "watershed planning lead agency" among the Initiating Governments; and
WHEREAS, on October 26, 1999, Whatcom County Council unanimously adopted
Resolution 1999 -050 whereby Whatcom County affirmed that it is the duty of the Whatcom
County Councilmembers to represent their constituents in watershed issues, and resolved
that regular monthly meetings would be scheduled with the County Administration to
provide ongoing opportunities for the County Council to review and approve policy and
budget matters prior to joint review and agreement among the Initiating Governments; and
WHEREAS, RCW 90.82.030 (1) states, "All WRIA planning units established
under this chapter shall develop a process to assure that water resource user
interests and directly involved interest groups at the local level have the opportunity,
in a fair and equitable manner, to give input and direction to the process "; and
1
WHEREAS, on December 22, 1999, the WRIA 1 Planning Unit ( "Planning
Unit ") was formed through adoption of the Watershed Management Project Planning
Unit Process and Procedural Agreement; and
WHEREAS, the Planning Unit included a broad range of water resource user
interests and directly involved interest groups in two categories: governmental
participants included Whatcom County, PUD No. 1 of Whatcom County, the City of
Bellingham, the State Department of Ecology, the Small Cities Caucus, the Water
Districts Caucus, the Diking and Drainage Districts Caucus and the Port of Bellingham
and non - governmental participants included caucuses representing agriculture,
fishers, forestry, land development, environmental, private well owners, and non -
municipal water systems; and
WHEREAS, the Lummi Nation and Nooksack Tribe were invited to join the
Planning Unit but declined, choosing instead to participate through a Memorandum of
Understanding with the three other Initiating Governments; and
WHEREAS, in March of 2000 the Planning Unit approved a scope of work that
called for development of a watershed management plan that addressed water quantity,
water quality, instream flow, and fish habitat; and
WHEREAS, in 2005 the Planning Unit approved and Whatcom County adopted
the WRIA 1 Watershed Management Plan (WMP); and
WHEREAS, the Lummi Indian Business Council and Nooksack Tribal Council also
approved the WRIA 1 Watershed Management Plan; and
WHEREAS, in 2007 the Planning Unit approved and Whatcom County adopted
the WRIA 1 Detailed implementation Plan (DIP), which was required pursuant to RCW
90.82.043; and
WHEREAS, both the WMP and DIP called for the Planning Unit to continue
functioning to address instream flows and WMP updates; and
WHEREAS, in July of 2013 the Whatcom County Council recognized that the
Planning Unit had not met since June 30, 2009; and
WHEREAS, on July 23, 2013, Whatcom County Council unanimously adopted
Resolution 2013 -025 wherein the Whatcom County Council declared its policy on the
continuing role of the Planning Unit and re- affirmed the Council's role in approving
water resource plans pursuant to RCW 90.82; and
WHEREAS, Resolution 2013 -025 requested that the Planning Unit report
regularly to the County Council and that the County Executive facilitate this reporting
function; and
WHEREAS, the Planning Unit resumed meeting in September 2013 and has met
regularly since that time; and
WHEREAS, on May 21, 2014, the Planning Unit revised its Process and
Procedural Agreement to clarify that its decisions would be based on majority vote of
the members present, except where other procedures were mandated by statute; and
WHEREAS, RCW 90.82.130 states, "Upon completing its proposed watershed plan,
the planning unit may approve the proposal by consensus of all of the members of the
planning unit or by consensus among the members of the planning unit appointed to
represent units of government and a majority vote of the nongovernmental members of the
planning unit "; and
WHEREAS, Whatcom County, represented by staff of the County Executive, is a
governmental member of the Planning Unit; and
WHEREAS, on January 19, 2018, Engrossed Substitute Senate Bill 6091 (ESSB
6091), an act relating to ensuring that water is available to support development, took
effect; and
WHEREAS, ESSB 6091 at Section 202, Subsection 4(a) requires the Initiating
Governments to collaborate with the Planning Unit to update the WRIA 1 Watershed
Plan, "to include recommendations for projects and actions that will measure, protect
and enhance instream resources and improve watershed functions that support the
recovery of threatened and endangered salmonids "; and
WHEREAS, ESSB 6091 (Section 202, Subsection 4(b)) specifies that the
updated watershed plan must include at a minimum "those actions that the planning
units determine to be necessary to offset potential impacts to instream flows associated
with permit- exempt domestic water use "; and
WHEREAS, ESSB 6091 (Section 202 Subsection 5) establishes a fee of five
hundred dollars to be paid to Whatcom County by applicants for building permits or
subdivisions, three hundred fifty dollars of which is to be deposited in a new watershed
restoration and enhancement account in the custody of the State Treasurer; and
WHEREAS, ESSB 6091 (Section 202 Subsection 5) also establishes a maximum
annual average withdrawal rate of three thousand gallons per day for domestic
withdrawals exempt from permitting under RCW 90.44.050; and
WHEREAS, ESSB 6091 contemplates that the updated watershed plan may
recommend modifications to the water use quantity standards and fees established
under Section 202 Subsection 5 and may also identify evidence -based conservation
requirements and other water resource management measures; and
WHEREAS, ESSB 6091 (Section 202 Subsection 6) states that rules adopted
pursuant to this Act may: (1) rely on the updated watershed plan's recommendations
and procedures to authorize new withdrawals exempt from permitting under RCW
90.44.050 that would potentially impact a closed waterbody or minimum flow or level;
(2) rely on projects identified in the updated watershed plan to offset consumptive
water use; and (3) include updates to fees based on the Planning Unit's determination
of the costs for offsetting water use; and
WHEREAS, the WRIA 1 Watershed Management Plan was adopted pursuant to
RCW 90.82.130, which states that the Planning Unit's recommended plan must be
submitted to the County for final approval or disapproval; and
WHEREAS, the adopted WRIA 1 Watershed Management Plan may be amended
only through a form of negotiated rule making that uses the same processes that applied in
WRIA 1 for developing the plan.
NOW, THEREFORE BE IT RESOLVED:
Section 1: Findings. The County Council finds that the update of the adopted WRIA 1
Watershed Management Plan specified in ESSB 6091 is a high priority that warrants
extremely careful Council oversight. Because of its potentially significant impacts on
citizens of Whatcom County, the updated plan must be developed in an open and
transparent manner. Meetings of the County Council provide an essential opportunity
for public involvement in the process of updating this important plan.
Section 2: Council Authority. Whatcom County Council is the legislative body with
exclusive authority under Chapter 90.82 to finally approve the updated WRIA 1
Watershed Management Plan required under ESSB 6091.
Section 3: Planning Unit Role. Pursuant to RCW 90.82, the Planning Unit is designed
to be broadly representative of local water interests in WRIA 1. The Planning Unit is
the sole entity, established under RCW 90.82, responsible for recommending
amendments to the adopted WRIA 1 Watershed Management Plan for Council action.
Because the Planning Unit is established pursuant to statute with the power to take
actions which are necessary antecedents to the Council's action in final plan
approval, the Planning Unit is a sub agency of government subject to the Open
Public Meetings Act. Meetings of the Planning Unit provide an additional
opportunity for public involvement in the process of updating the WRIA 1
Watershed Management Plan.
Section 4: Initiating Governments Role. Under RCW 90.82, the Initiating
Governments developed the scope of work for watershed planning and organized
the WRIA 1 Planning Unit. Under ESSB 6091, the Initiating Governments have the
additional task of collaborating with the Planning Unit to update the WRIA 1
Watershed Management Plan.
Section 5: Requests for Information. The County Council requests that the Planning
Unit continue to report regularly to the County Council on the status of its work. In
order to enhance public involvement, many of these reports should take place during
regular evening Council meetings. The Council further requests that the County
Executive continue to facilitate this reporting function. The Council also requests a
briefing from the County Executive on how the Initiating Governments will collaborate
with the Planning Unit to update the WRIA 1 Watershed Management Plan, while
maintaining and supporting the Planning Unit's statutory responsibilities per RCW 90.82
and ESSB 6091. Ideally, this briefing will convey a joint statement from the Initiating
Governments and the Planning Unit.
,4►`Pt1i�ri ® th day of May , 2018
y 5qy 0
AT ` �0��� a WHATC M O NTY COUNCIL
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WHAT CO N ASHINGTON
Dana. Bro0vF01@y1 %,k 1erk ok=the Council Rud Browne, Council Chair
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APPROy ED AS TO FOf�M '
Karen Frakes, Prosecuting Attorney
4