RECORD OF THE PROCEEDINGS
OKANOGAN COUNTY BOARD OF COMMISSIONERS
June 13, 2005
The Okanogan County Board of Commissioners met in regular session on June 13, 2005, with Chairman Mary Lou Peterson, Commissioner Hover, Commissioner Lampe Minutes taken by Julie Dagnon.
Hearing Started at 6:04 PM
Commissioner Peterson described the purpose of the meeting. She requested that anybody that wanted to testify or comment needed to sign in. She emphasized that no decision would be made at tonight’s meeting. The red, yellow and green flag comment time process was described.
The other two Commissioners and the districts that they represent were introduced as well.
There was a lapse in the meeting while folks waited for everybody to sign in on the testimony sheet. Commissioner Peterson read part of the introduction of the watershed to the individuals present. She also expressed, on behalf of the Board, the Board’s appreciate on the time and commitment that the Methow Basin Planning Unit put into the development of the plan.
Testimony began:
Susan Krampton
live and work in the Methow Valley; restoration biologist
Expressed frustration that there was not more public notices on tonight’s hearing; took the time today to read the plan today at the Twisp library; needed more advanced notice on the hearing tonight; there should have been an article in the paper; most people do not read the legal notices;
Commissioner Peterson requested that Julie E. Pyper provide an overview of the notices of the meeting that went out; Commissioner Peterson, as well as Commissioner Hover, also emphasized that the watershed plan took five years to develop and that the process was an open public process.
Lee Bernheisel
The plan as written, will have long lasting negative environmental affects; there is no question on that
There is common ground in the Methow Valley – its residents have a love for the environment.
He has provided comments on the plan before tonight’s hearing and still maintains those comments
Never seen a committee that is less response to the public than the planning unit
Only included once on the MBPU’s email notifications, in his request to Ron Perrow
Disregarded Commissioner Lampe’s notice of time
Commissioner Hover informed Lee that he only had 2 minutes remaining to testify
Lee continued: the public has been kept in the dark by the planning unit and the Board of Commissioners
Believes that a broad section of the public has been left out of
Underlying principle in the plan that wasteful irrigation is beneficial; it is not true that it is beneficial to waste water
Since 1992, the Methow Valley has been overallocated
This plan opens up the closed basins, the closed basins have been adjudicated; this would affect the adjudication rights
The plan elevates other uses of water;
The plan uses math to estimate folks use as 500 gallons were it doesn’t respect the current 5000 gallons per day
SCrampton – offered to let Lee use her time; Commissioner Peterson said that she could after everybody else testified.
Vicki Welch
Have a farm up Twisp River; farm with husband
Not completely involved in the planning process
Concerned that base flows for fish was a priority below additional development
Agriculture has to recognize flows for fish and adjust (ditches being closed); why are we allowing more kinds of development; isn’t this going to put more stress on the current agricultural system?
Also felt that water storage was the key to having enough water in the valley (not necessarily building big dams)
Pleased to see Flood Hazard planning and the drought planning was being thought of and being encouraged
Upset that the plan could adversely affect senior water rights and single and family wells; commercial development above single family use particularly in a water shortage situation
Concerned about opening closed basins – when new wells are put into closed basins they frequents affect existing wells
Concerned about mathematical calculations whereby the 5,000 gallon per day is tallied at 600 gallons per day (which suddenly makes more water available for use); we need to collect hard data, nobody really knows; using the city measures isn’t necessarily the right numbers to apply unilaterally
Dick Ewing
Live in in the Methow Valley; past MBPU member and Coordinator
Go on record as supporting the plan
The Methow Basin Planning Unit did not investigate going into closed basins and opening them up
The Planning Unit believed that they needed to live in the water budget of the Methow River district or the 1976 plan
The plan does include new uses – group domestic and industrical exempt uses (already allowed on the State level, just not in the Methow Valley
Group domestic allows for cluster homes
Important to get water for cities – where current development exists; want to keep development localized not spread out through out the Valley
There are some reaches were the 2cfs will not be used up; should move it around
Will address the details of the 2 cfs rule within a year after the BOCC adopts the plan
Promotes a more efficient use of the water – such as storage which would provide fish and people benefit
The plan was not developed in isolation by the committee
Miaw
Did the Commissioners speak earlier (she arrived late) when the decision would be made?
If members of the community wanted to appeal the Commissioners’ decision, was there a process that they could?
Concerned that a proper individual EIS has not been performed
How many people knew about this meeting? She noted that Commissioner Hover’s constituents were not at the meeting. She believed that he, as well as the entire Board of Commissioners, failed at notifying people of the community.
Water makes or breaks the community
The plan does not predict or guarantee that existing water rights will not be protected
Single family should be the highest priority, not commercial
There is a reason that the closed basins are closed, that reasoning needs to be respected.
Reiterate, that she was sorry that she missed the notice in the paper
The Board should consider rescheduling the meeting; please be mindful of the people when you make your decision
Rose Jones
No comments
Dave Demyan
Questioned where legal ads were published; BOCC provided clarification
Followed the developments of the committee, primarily through JStormon and went to a few meetings
Miffed that science was ignored by the committee
Lacking science
Lacked going back into the records; early 1900s only 4 inches of rain received; Okanogan river dried up
Community should plan for a drought year not an average year
Group domestic a higher priority than domestic – not appropriate in his opinion
There is a carry capacity and limited amount of water to go around.
The wet spring is not recharging aquifers, just making things grow
Need to take into account past weather records
Vern Donnet
Been working on water issues for 12 years
Looked at irrigation ditches, volunteer time, USGS, monitoring study April – November monitored 77 wells
Unfortunately because of DOE statements people don’t trust the government
He believes that it is a pretty good plan
One item he does not agree with - 2 cfs rule, do not raise the priority commercial use to the same as ag and domestic wells. Not fair to the common person to raise the priority of the commercial use
There were a lot of scientific studies incorporated into the document; he discussed the work that USGS performed
Piping of ditches will impact people’s well
The ditches have ran for 90 years, this needs to be researched further due to the impacts on domestic people. Piping ditches is sheet foolishness; depletes underground storage
Appalled people don’t read the USGS reports and don’t want to take the information into consideration
Almost all of the water that seeps from the irrigation ditches seeps into the river providing spawning habitat and recharges domestic wells.
Believes that some running the ditches need to be better educated
George Wooten
2nd set of comments on the Methow Basin Watershed Plan
Grateful by the system of water rights established in the State and County
Changes to water rights should only be made on sound through judgment
The plan would change the culture to development and commercialization
All of existing water is already taken in the valley
Farmers would need to give up water for group domestic wells
Twisp’s water charge is causing people to leave the Valley
Base flows is another word for resource protection
Look at the destruction at the Tacoma Land Company development in the lower part of the valley
Real estate does not need this rule change, it is already occurring and booming
Main concerns that people had maximum imput
Should have been a copy at the Winthrop public library
2 cfs reach limit is still undetermined; concerns about using Twisp’s numbers
Scientific information needs to consider existing water rights
Water storage is not feasible, since irrigation ditches are already piping
Would be in preference in taking a conservative approach; look into the cost that this would bring into senior water rights and domestic users
Marty Williams
MBPU member and lives up Twisp River
Lived here for 20 years
The transportation loss of a ditch has been called illegal in court cases so hence the USGS studies to collect additional information
The ditches do store water, how much and when does it back to the river, question to get answered by the USGS
Historical, the MBPU was told that more water was stored in the ditches
Answer that question (recharge provided by ditches), seek storage needs, look at future use
USGS study describes benefit of ditches
Opening up of closed basin – we have not asked that closed basins be re-opened
Looked at single family domestic use, we do not water 5000 gallons per day year round
The estimated gallons per home, outdoors and put into a water budget to show that the water wasn’t really used as described to develop the 2 cfs rule
Home businesses as industrial, not malls and factories
Do support the plan
Dana VaSalle
1976 – sat on that committee
Don’t know enough about the plan, heard about the meeting today
Support the comments that people already made about the publication of the meeting notice
PU people heroic in what they have done
People have different views
Should be a front page article; but we would still disagree on the issues in the plan
If it is true to domestic has been raised above irrigation and instream flows then it is not good; there is only so much water to go around, we need to decide what our priorities are
There are limits to group, then you have to make a difficult decision such as protecting special places such as the Methow; it would take a special character to do such
Over-allocation of resources can cause collapses of societies
Future wars will be over by water and petroleum based resources
Lorah Waters
Thank you for this final opportunity
Concerned that you felt that you had to only meet the legal advertising process
Concerned that there was not a more open public process
Have not thoroughly reviewed the plan; comments based on others
Concerned about water availability for agriculture
Plan sacrifices the Valley self subsistence
Has been a long process but recommends a little further study and public participation
Study of possible effects on senior water right holders;
Rob Crandall
Small nursery in the Methow Valley
Recognized the people that have put the numerous hours into the plan
Recently became a member of the Chewuch ditch board
Just found out about the plan; heard about the plan for many years but didn’t explore the plan in depth
An opportunity for the BOCC to make a decision for the future
Development is occurring rapidly through out the West; people are living the MV for a reason
We need to look towards the future and make decision that will preserve our natural character
What kind of development will the plan encourage or discourage; what will it do the character of the Valley
Darlene Yacki
New in the Valley; 4 new families in the area
Their neighbors approached them because they are concerned about them running out of water since the 4 new families moved in
Ron Perrow
Chairman of the MBPU
Wanted to give the general philosophy about the development of the plan
Not to negatively impact existing water rights
Not going to do anything the adversely impact agriculture
Discussed the water budget (3 Million Acre feet per year)
As humans we use 3% of that
Some agencies and people want to have people shoulder 100% of the burden for 3% of the use
Shift from open irrigation ditches to closed ditches will dry the valley up
Beaver Creek adjudication judge suggested that the users in the Valley open their ditches during high flows
Take advantage of high flows for storage
Want to provide water to cities in the Methow Valley
Plan designed to manage the resource as well as we can, protect rural character and utilize existing laws and work with agencies.
2nd ROUND OF TESTIMONY
Lee Bernheisel – Okanogan Wilderness League
Formulation of the MBPU – had to be property owner in the MV; excludes a broad section of the public, YN excluded
1976 plan established minimum instream flow – set on a formula and not with science particularly for the protection of fish
It will set back the environment to go back to the 1976 flows
At the beginning a fair amount of representation then diminished, do not represent the community
Committee members assumed votes of absent people; public not welcome at; not a fair process
Example: asked repeated for meeting notes, agenda and notices; if the Chairman would have kept his promise, Lee would not have had to go through the legal notices
Could not participate as a member of the public, had to wait until the end of the meeting; did not encourage public participation
Referred to the meeting 18 months ago; surprised him from the committees stand point – the plan is not complete; there are 7-8 bullets that the MBPU will look at and revisit – he read them
Responsibility for water management is vested with the WA Department of Ecology not a local Council
The plan should change if the bullets are addressed and therefore have another public hearing
Needs to protect his court case – looked at irrigation canals, at waste, looked at USGS study, an expert panel decided that that plan’s decisions on water are without merit. Should read court rulings on the USGS study – Burchard – etc.
Apologized for his reactions during his first testimony
Bill Hotell (delivered via Vicky Welch)
Supported in the priorities in the 1976 study
Vicki Welch
Did the plan incorporate the previous water studies in the Basin?
Ron Perrow summarized the information that the MBPU used during the development of the Methow Watershed plan. Chris Kauffman relayed to him that he believed it to be a slightly modified and addition to the 1976 plan.
Vick also believed that opening the ditches in the spring is a good idea
We just need better data – need to know potential usage, 5,000 gallons per day or not?
If you don’t have that data that it could impact potential existing water rights; new water rights need to be made interruptible based upon the flows at Pateros up until we see the actual usage
The proposal should address the effect on water quality, if you don’t have ground water recharge you have more of a water pollution problem
Dick Ewing read from page 18 in the Methow Watershed Plan (discussed that more data needed to be collected)
Rob Crandall
Have not heard a whole lot tonight about climate change; could have a lot of impact on the Valley
It is predicted that the Valley will become drier, but a longer warmer period, less snow pack
This climate change could dramatically affect the Valley
It’s important to be conservative in our decision making if the predictions are true
Vern Donnet
Referenced USGS tree ring study; study referenced tree ring growth
This is how they have determined that we are in drying trend in the Western US
Many places in the West are implemented GW programs because of this drying trend.
Discussed Methow geologic and substrate composition
Referenced USGS report – storage from unlined irrigation ditches
If you don’t have the recharge from ditches, could impact septic systems.
USGS defined the aquifers in the Basin, State law requires that we do not impact the quantity or quality of water in these drinking water aquifers
In the Methow Valley we are drying up these aquifers
We need to examine which irrigation canals should or should not be piped
Well drillers are laughing at the current situation – a money making situation for them
DOE said that they did not want Vern to do the groundwater study that he proposed
Marty Williams
Feels that a lot of their plan is misunderstood
Rule change – just needs to be reviewed
Described that DOE must have additional public comment on the rule change
Expressed frustration about the regional salmon recovery plan, that is a closed process
Many processes go on without adequate public involvement and comment
Felt that since the plan was approved by the MBPU that the public process was out of the MBPU’s hands
John Hanron provided some background information on the newspaper coverage that the Methow Valley News has provided
Susan Krampton
Scanned the documents in a half hour; have a couple of questions
Why is the programmatic EIS a part of the watershed plan?
RPost provided an explanation of the development of the PEIS and the addendum development
CLOSING COMMENTS
Commissioner Hover
Commissioner Hover noted that he was chided tonight for not notifying people, he asked people as to why they were not involved? Marty mentioned tonight the Upper Columbia Regional Salmon Recovery Plan, the plan will go on whether or not we are there. Become engaged in the beginning, the plan will be something that you are a part of rather than commenting on at the end. Even as frustrating and boring as it may seem sometimes, if you want your voice really heard, get involved in beginning
Commissioner Lampe
Thank you for coming and sharing your views with me tonight.
Commissioner Peterson
At some of her first meetings related to water, she could not believe the complexity and emotion, the whole reason the law was passed to have local control on the issues. Impressed with the dedication of people. Okanogan County has been involved in four watershed plans. Okanogan – in Phase II. We have a natural resource that we need to protect. We are going to face and make a decision on this resource. Every side and aspect of the community must be represented. The public is also welcome to attend and comment and discuss the planning process with the people that represent them. Because of strong emotion, it would almost tear communities apart, but because they realize that they must stay at the table to have a voice, people stay engaged. It is a huge process and undertaking and it we are finally at the point were we can have public hearing. We had the hearing in Methow so that it was more accessible that in Okanogan. We have to protect our water and use it wisely. Thank for everybody that did come.
Commissioner Hover moved to close the public hearing, Commissioner Lampe seconded; passed unanimously.
The public hearing closed at 8:11 PM.