Chehalis Basin Partnership

Meeting Summary - October 23,1998

I.Watershed Planning Grant

Marc Duboiski (Lewis County) has been in communication with the Department of Transportation about the work that the consulting firm NWGIS is doing in the upper watershed. The project, an annotated bibliography and recommendations database, may be extended to include the entire watershed. The scoping committee has been meeting to discuss information needs, e.g. how much we can do ourselves, how much volunteers can contribute,

and issues related to assessment. The committee also discussed the KRIS presentation. While committee members were impressed with the project, they also had questions which will be presented to Kier Associates. Marc and Nancy Winters (Thurston County) attended the Watershed Planning Manual workshop by EES Consultants. (Mayor Penberth and Commissioner Graham were also in attendance) Marc said he learned a great deal about the planning process. He remarked that the Partnership will have a lot to do under the Watershed Management Act. The manual will be presented at a future meeting. Doug Fricke (Chehalis Basin Fisheries Task Force) commented on the relationship between the Salmon Recovery Planning law (ESHB 2496) and the Watershed Management Act (ESHB 2514). The Conservation Commission has hired Carol Smith to work on the "limiting factors" analysis for 2496. Marc explained that the Chehalis Basin Partnership (CBP) did not make the cut for lead entity status under 2496, however the Department of Fish & Wildlife has indicated that the CBP is likely to be designated in the next round of funding. Additional signatures will be needed before the $25,000 grant is awarded to the county.

II. Report on Intergovernmental Agreement and Citizen Participation

Brian Walsh (Department of Ecology) reported on the status of the intergovernmental agreement. As of October, half of the participants had signed the agreement. Brian also reported that he had received 6 letters of interest from citizens who were interested in serving on the CBP. (breakdown - Thurston County 4; Lewis County 1; Grays Harbor County 1) He has forwarded these letters to the respective county commissioners for selection. Brian Shea (Aberdeen) suggested more extensive outreach to recruit citizens. Brian offered to meet with civic groups in the basin to achieve more recruitment. Commissioner Nichols announced the names of the Thurston County representatives - Margaret Rader (designated to serve on the Partnership), Earl Emerson, J. Roach, and William Halbert.

III. Update on Chehalis Flood Project Commissioner Graham covered the following points:

(These were covered in a handout provided by Commissioner Graham)

Lewis County is the lead agency for the project. Commissioner Graham stated that an executive committee and a technical committee have been formed. Jerry Alb (Department of Transportation) has been working with the Technical Committee to identify watershed-based alternatives. The county has received a $600,000 state grant from DOT. In addition, Lewis County has formed a citizen advisory committee. Commissioner Nichols stated that a "final solution' has not been selected yet. Extensive public involvement will be required. Mike Daniels (Grays Harbor County) stated that the flood project is the local communities' response to DOT raising 1-5. Dr. Sodhi (Chehalis Tribe) stated that the approach needs to be "fish friendly". Also, downstream effects need to be addressed. The tribe has been participating on the technical committee. [There was discussion about the effect of filling in the floodplain, the need for new flood maps, and the science of floodplain management.]

IV. Tribal Water Rights

Dr. Sodhi and Jon Hare (Chehalis Tribe) made a presentation on Indian water rights. Jon explained the legal history of tribal reserved water rights. In the U.S. Supreme Court case Winters vs. United States (commonly referred to as the 'Winters Doctrine") the court held that when the Congress created the Ft. Belknap Reservation, sufficient water was set aside for the purposes of the reservation. Thus, although normative settlers had perfected their rights under state law, the water rights of the tribe were senior. Reserved water rights can be quantified in several ways. The most common is adjudication, although it is very costly and time-consuming. Another way to determine water quantities is through negotiated agreement with the state. Jon explained that the Chehalis Tribe is concerned that the instream flows established in 1976 for the Chehalis Basin are insufficient for the needs of fish. Establishing a new instream flow by regulation would not help

since it would have a more junior priority date. Dr. Sodhi stated that this may be an opportunity for federal involvement in evaluating instream flows in the watershed. Once the reserved rights are quantified, then we will know how much is available for appropriation. A compact between the state and the tribe would be need to be ratified by Congress before becoming public law. Sixteen such compacts have been signed to date. According to Dr. Sodhi, the federal government can help by providing negotiation teams. Brian Shea stated that issues need to be addressed early in our process. Dr. Sodhi replied that instream flows can not be addressed without quantifying the federal reserved rights.

Dr. Sodhi will make a future presentation on the Chehalis Tribe's water quality

standards.

V. Chehalis General Sewer and Facilities Plans

Barry Heid made a presentation on the City of Chehalis's response to the Department of Ecology's Total Maximum Daily Load (TMDL) requirements. The TMDL requires the city to reduce its discharge to zero during low flow periods. The cost of complying will be considerable. Sewer rates will climb to hardship level. In response, the city is contracting for engineering studies, conducting increased testing, considering rate increases and petitioning for flexibility. Mike Marshall (Gibson Olson) presented 5 options for treatment and end use. One of the options, discharging to ground water, has met with resistance from Ecology. Mayor Spahr stated that the city would like to have the option of treating to drinking water standards and discharging to ground water. However, Ecology will not consider this option if it increases the level of BOD in the river. The mayor stated, "when you sprinkle drinking water on the ground, you are violating the TMDL."

VI. Assistant to Ecology Director for Watershed Management

Joe Williams was introduced as Ecology's new point person for watershed management. Joe stated that Ecology is genuinely committed to these processes. Joe explained the MOU with state agencies that will result in state agencies speaking with one voice. He said that Brian Walsh's role will change - he will be representing Ecology and other state agencies at the table under this MOU. The CBP will need to send a letter to the Governor's Office formally requesting state agency participation. Joe also outline a $1 00 million budget package which Ecology has submitted to the Office of Financial Management for consideration next legislative session. The package includes money for water conservation, purchase of water rights (on voluntary basis), water quality improvements, and small community infrastructure.

VII. Wrap-Up/ Next Meeting

Due to holiday scheduling, the next meeting of the Chehalis Basin Partnership is scheduled for December 4 at 9:30 am. [Note: There will be no meeting of the Chehalis Basin Partnership in December]

There will be election of new officers at the December 4 meeting.


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