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Watershed Management Act ESHB 2514 by 1998 Legislature RCW 90.82

Watershed Management Act ESHB 2514 by 1998 Legislature RCW 90.82. Voluntary Process Purpose: to increase local involvement in decision-making and planning for water resources. To Determine the Quantity of Available Water WMA has been revised several times since passed.

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Watershed Management Act ESHB 2514 by 1998 Legislature RCW 90.82

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  1. Watershed Management ActESHB 2514 by 1998 Legislature RCW 90.82 • Voluntary Process • Purpose: to increase local involvement in decision-making and planning for water resources. • To Determine the Quantity of AvailableWater • WMA has been revised several times since passed

  2. Water Resource Inventory Area (WRIA)

  3. The Four Phases of Watershed Planning Phase I: Organization Phase II: Data Collection and Assessment Phase III: Watershed Plan Development Phase IV: Implementation

  4. Watershed Management ActESHB 2514 by 1998 Legislature RCW 90.82 • State grants available (up to $800,000 per Water Resource Inventory Area or WRIA). Planning Areas must include one or more complete WRIA. • Phase 1 - $50,000 Single WRIA, $75,000 Multi WRIA • Phase 2 - $200,000 per WRIA • Phase 3 - $250,000 per WRIA • Note: Legislation passed to add extra $100,000 per optional items of water quality, instream flow, and storage in Phase 2 • Phase 4: Implementation Phase

  5. Watershed Plan Overview • Plan must address Water Quantity. • Plan may address Water Quality, Habitat, Water Storage and Minimum Instream Flows. • Plan must be consistent with existing laws, treaties, water rights, habitat restoration programs, and other commitments; but may recommend changes in certain cases.

  6. Watershed Plan Overview • City, Counties, and Water Purveyor must participate for planning process to proceed • If new or revised Minimum Instream Flows are recommended, Ecology must also consult with “affected” tribes. • County legislative authorities have final say on plan approval (i.e. Commissioners must approve plan). • No government, agency, or organization is bound by plan unless it voluntarily commits to plan provisions.

  7. Water Quantity(Required as a condition of grant funding) • Assessment of water: • Present and available (Qtotal & QA) • Uses and rights • Needs for future • Recharge (location & protection) • Available for appropriation • Strategies: • Ensure water supply needs • Meet minimum instream flows • Strategies do not confer water rights

  8. Water Quality(Optional) • Examination of: • Existing studies on water quality standards met, violated, causes, and pollution capacity • Legal uses of fresh water • TMDLs established for area • Impact of fresh water on marine • Recommendations for: • Implementing TMDLs • Monitoring for compliance • Local government and PU cannot adopt water quality standards or TMDLs (participate)

  9. Habitat (Optional) • Must rely on: • Existing laws • SMA, GMA, Forest practices • Integrate with salmon recovery efforts • Use HB 2496 as primary nonregulatory part of plan if applicable (2496 calls for Limiting Factors Analysis; Critical Pathways Methodology)

  10. Instream Flows(Optional) • Initiating governments can decide by majority vote to address • Collaborate w/ DOE • DOE must consult with “affected” tribes • Changes to existing Minimum Flows • need unanimous vote from all local government and tribal Planning Unit members • New Minimum Flows • Cannot affect ongoing FERC licensing • Cannot affect existing FERC licenses

  11. Water Storage(Optional) • Water Storage can be conducted to evaluate “Multi-purpose” storage alternatives to address the potential identified water shortages in the WRIA • Element is very flexible in the requirements • Allows Watershed Planning Unit to design study to suit the local needs of the WRIA

  12. Benefits of Using WMA Process • Basis in Law to undergo process • Development of a Water Balance and QA • Advancement of Local Priorities • Improved Decision-Making • Increased Predictability of Water-Resource Decisions • State Commitment to Coordinate Agency Involvement • Access to Watershed Planning Grants • Response to Endangered/Threatened Species Listings • Instream Flow Modification • Guidance and participation for State TMDL Process • Time Limits/Consensus to advance process

  13. Potential Cons, Issues, and Conflicts • Grant funding is competitive and not guaranteed. • May be difficult to implement a plan that meets the needs of all stakeholders. • Some stakeholders may not have the funds and/or the technical resources to participate. • Initiating Governments may be too busy to participate in watershed planning. • Tribal Agencies can not stop local governments from proceeding with planning

  14. Things to Know • Watershed Planning cannot effect any existing senior water right holders. • If an instream flow is set, it is assigned a water right priority date at the time of planning activities, junior to the existing water rights. • An instream flow does not mean the stream flow must be maintained at all times. It is just set to condition future water rights issued after the instream rule making. • The Watershed Plan can provide recommendations for projects or actions, and/or can contain policy statements as long as they do not conflict with existing laws and rules.

  15. Questions? Gene St.Godard, P.G., L.HG. Principal Hydrogeologist/Owner Water & Natural Resource Group P.O. Box 28755, Spokane, WA 99228 509-468-4876, stgod1@comcast.net

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