The deadline for submitting suggestions for a preview of a draft of a proposed rule for managing water in the Dungeness River watershed is Tuesday.
The proposed rule calls for metering of new surface and groundwater appropriations, restricts sources of water for new users, and also refers to the possibility of setting up a water bank.
The state Department of Ecology released a preview of a draft of the proposed rule in November, and asked for suggestions from the public. Ecology will not respond to suggestions gleaned during this comment period.
Ecology plans to formally file the draft rule in mid-February, and will open a formal comment period in which it will respond to every comment received, the Web site at http://tinyurl.com/yj95yj6 says.
The final rule is expected to be ready for consideration of adoption sometime late this year.
The rule would affect only the Dungeness River watershed, covering an area from Bagley Creek to Sequim Bay, or the eastern side of Water Resources Inventory Area 18.
WRIA 18 also includes the Elwha River watershed, which is not to be covered by the proposed rule.
Water bank
If a water bank were set up in the Dungeness River watershed, it would be the first in the North Olympic Peninsula, Steve Tharinger, a Clallam County commissioner who is chairman of the Dungeness River Management Team, has said.
Methods of obtaining water — including water exchange or a water bank — are being worked out through consultation with Clallam County, the Clallam County Public Utility District, local governments, and the Jamestown S’Klallam tribe, Ecology says in the outline of the preview.
Ecology defines water banking as “an institutional mechanism that facilitates the legal transfer and market exchange of various types of surface, groundwater, and storage entitlements” and says that there a variety of ways that can work.
“Right now, nobody can get [new] water rights,” Tharinger said in November. “A number of applications are in, but Ecology’s not processing them, waiting for the rule to be adopted.
“Once the rule is in place, with the water exchange and the memorandum of understanding between the county and Ecology, there will be a way for people to get water rights and a structure for managing water.”
Use of wells
Marguerite Glover, a Realtor and a member of the water working group for Ecology’s in-stream flow rule for the Dungeness River, said in an e-mail Saturday that wells on unimproved land would not be grandfathered in under the new rule.
Instead, new use of the well, for indoor purposes only, would be permitted after paying a mitigation fee with a building permit, she said.
“And, it appears to me that you will also be able to water outside, if you buy water from the Water Bank/Water Exchange (assuming there is some water in there), or supply your own mitigation, approved by the Department of Ecology,” she said.
All future surface and groundwater appropriations, other than rainwater collection, would be metered, according to the preview of the draft plan.
“Ecology may require other users to measure water use, if it determines water supplies warrant further monitoring,” the plan says.
The preview plan also says that new withdrawal of water would not be allowed in areas where water service is available from a public water supply system and a service connection can be provided “in a timely and reasonable manner.”
Sets water limits
The preview of the proposal sets “instream flows” — the minimum amount of water needed to protect fish and wildlife, recreational use and water quality — for both the Dungeness River and eight tributaries.
Under the streamflow guidelines, the Dungeness River would be closed to new appropriations from mid-July to mid-November each year and eight creeks — Bagley, Bell, Cassalery, Gierin, Matriotti, McDonald, Meadowbrook and Seibert — would be closed to new water use year-round.
Users may mitigate their new use through either a water exchange or an individual or group mitigation plan, the preview of the proposal says.
A copy of the preview, and a link for sending comments, is available at http://tinyurl.com/yj95yj6.
Another way to get to the page is to go to the state Department of Ecology Web site at http://www.ecy.wa.gov/, click on the “water” heading, then on “instream flows.” On that page, find the heading “rule activities” on the right-hand side and click on “Elwha-Dungeness.”
Among the e-mail addresses listed to receive comment are those for Sarah Ferguson, the lead person for the instream flow rule — sfer461@ecy.wa.gov — and Cynthia Nelson, the watershed lead person — cyne461@ecy.wa.gov.
Another way to contact Ferguson and Nelson is at a mailing address at Department of Ecology, P.O. Box 47600, Olympia WA 98504-7600. The phone number for Ferguson is 360 407-6780. The phone number for Nelson is 360 407-0276.
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Managing Editor/News Leah Leach can be reached at 360-417-3531 or leah.leach@peninsula dailynews.com.
