Title
Approval of a Resolution Authorizing Submittal of the Deschutes Watershed Plan to the Washington Department of Ecology
Recommended Action
Committee Recommendation:
Move to approve a Resolution authorizing staff representation on the Deschutes Watershed Restoration and Enhancement (WRE) Committee to vote on the Deschutes WRE Plan (Plan) for submittal to the Washington Department of Ecology (Ecology).
City Manager Recommendation:
Move to approve a resolution authorizing staff representation on the Deschutes Watershed Restoration and Enhancement (WRE) Committee to vote on the Deschutes WRE Plan (Plan) for submittal to the Washington Department of Ecology (Ecology) as recommended by the Land Use and Environment Committee.
Report
Issue:
Whether to approve a Resolution authorizing staff representation on the WRE Committee to vote on the Plan for submittal to Ecology for evaluation and possible rulemaking.
Staff Contact:
Donna Buxton, Groundwater Protection Program Manager, Public Works Water Resources, 360.753.8793
Presenter(s):
None - Consent Calendar Item.
Background and Analysis:
The Deschutes WRE Committee
The 2016 Washington State Supreme Court “Hirst Decision” changed how counties decide to approve or deny new building permits that propose to use domestic (permit-exempt) wells for a water source. In response to this decision, the Legislature passed the 2018 Streamflow Restoration law (law; RCW 90.94). The law supports water availability for both salmon recovery and homes in rural Washington. It requires local watershed planning to improve streamflows and clarifies the process for counties to issue building permits for homes using a permit-exempt well.
As required by the law, Ecology convened the Deschutes WRE Committee to estimate the impact of permit-exempt well withdrawals on streamflows. The WRE Committee proposed projects and policy actions to offset this impact, while providing a net ecological benefit to the Deschutes watershed over the 20-year planning horizon.
The Deschutes Watershed Plan
The Plan provides a collaborative path forward to address technically and politically complex issues in regional water resources management. The WRE Committee prepared the Plan with the intent of implementation. Plan recommendation proponents have indicated commitment to investigate the feasibility of proposed projects and policy actions. Ecology policy interprets the law as not obligating any entity to implement projects, policy actions, or associated rulemaking.
Plan Implementation and Adaptive Management
The WRE Committee identified an adaptive management strategy to address uncertainty in the Plan and provide reasonable assurance of success through implementation. Strategy elements include oversight, project tracking, monitoring and research, and funding options.
Oversight would occur via the proposed Deschutes Watershed Council (DWC), a collaborative partnership of local entities, including Olympia, that invests in protecting, conserving, and restoring the watershed. Proposed DWC tasks include:
• Identifying water resource management solutions
• Tracking and reporting on project offsets and permit-exempt wells
• Establishing roles and responsibilities via formal agreements
• Pursuing and managing funding sources
• Maintaining institutional knowledge
The Plan identifies potential funding mechanisms for implementation activities including a request for sustainable funds from the Legislature; a permit-exempt well fee increase; and cost-sharing among DWC members. Projects and policy actions will be eligible for Ecology’s $300M 15-year statewide competitive WRE grant program.
Next Steps - Plan Approval and Rule Adoption
The WRE Committee must approve the Plan by consensus for submittal to Ecology in April 2021. If Ecology determines the Plan complies with the law, Ecology may initiate rulemaking. If the Committee does not reach consensus or the Plan does not comply with the law, the Salmon Recovery Funding (SRF) Board will review the Plan and make recommendations to Ecology. Ecology will then evaluate the SRF Board’s recommendations and decide whether to initiate rulemaking on the revised Plan. Ecology has a June 30, 2021 legislative deadline to determine any rulemaking action.
Staff presented briefings on the Deschutes WRE Plan to the February 4, 2021 Utility Advisory Committee (UAC) and the February 18, 2021 Land Use and Environment Committee. The UAC demonstrated unanimous support in a letter of recommendation for staff representation on the WRE Committee to vote on the Plan for submittal to Ecology. The Land Use and Environment Committee accepts and supports the UAC’s letter of recommendation.
Neighborhood/Community Interests:
Every Deschutes WRE Committee meeting (since October 2018) includes a public comment period on the agenda. A League of Women Voters representative attended some early meetings. To date, no substantive comments have been received on the Plan by the public.
Options:
1. Approve a Resolution authorizing staff representation on the Deschutes Watershed Restoration and Enhancement (WRE) Committee to vote on the Deschutes WRE Plan (Plan) for submittal to the Washington Department of Ecology (Ecology). Staff ability to vote on the Plan could support a WRE Committee consensus approval of the Plan positioning Ecology to evaluate the Plan and initiate rulemaking, which could then support Plan implementation.
2. Do not approve a Resolution to authorize staff to vote on the Plan and provide direction to staff on next steps. If staff do not have authorization to vote on the Plan, consensus approval of the Plan would not be possible. Ecology would then seek technical recommendations on the Plan from the Salmon Recovery Funding Board and evaluate the revised Plan rather than the Plan developed by the WRE Committee.
Financial Impact: No commitment has been incurred. If the Deschutes Watershed Council forms, one funding proposal includes partners contributing funds to support part-time staff plus basic administrative costs via formal agreements among DWC members.
Attachments:
Resolution
Utility Advisory Committee Letter of Recommendation
Councilmember Madrone Letter of Support to WRIA 13 Committee
Ecology’s Deschutes WRE Committee Website