With the approval of the Chehalis River Council Board of Trustees a Freedom of Information Act process was started by the CRC to understand how it came to be that a lead agency was selected for the Chehalis watershed. The following is the report prepared by the CRC Secretary and reviewer:

Watershed Planning in the Chehalis Basin

Margaret Rader, CRC

On January 29, 1998, I inspected documents provided by the DOE, pursuant to my public records request. These show that Thurston, Grays Harbor, Mason, and Lewis County, and various cities and ports in the basin, are on the verge of signing an "Intergovernmental Agreement" for the formation of a Chehalis Basin Council. This planning has not exactly been "out of the public eye," but the article by Matt Hufmann in the Aberdeen World of January 23, 1998, is the first mention in the press, to my knowlege, of this planning. (This is with the exception of minimal reporting in the Chronicle on the Lewis County resolution to establish Chehalis county as lead agency for planning.)

This planning was initiated and carried forward by the DOE, with Sue Mauermann, Southwest Regional Director, and Brian Walsh, head of the Chehalis basin DOE local action team, facilitating all of the meetings.

Meeting with County Commissioners

In August, county commissioners from Lewis, Thurston, and Grays Harbor counties were invited by Sue Mauermann to attend an "initial meeting." The purpose was "to discuss the formation of a watershed council for the Chehalis River" and "to find solutions to problems before they become contentious." According to this meeting notice, a series of meetings had already been held, facilitated by the DOE, to develop a model. (Documents related to these meetings were not provided.)

According to the 8/14/97 meeting notes, when asked what they were trying to accomplish, the answers were that the aim was, 1) know what each other are doing, 2) spend resources wisely, and 3) development of management strategy (for common problems). Nevertheless someone among the commissioners said "real substance" was needed for the proposal, e.g., capitol projects, technical assistance, education. An attached diagram, labeled "Commissioner Nichols Diagram" showed "awareness" and "collaboration" resulting in "policy," which led to problem solving (planning and financing), leading directly to capitol projects, technical assistance, and education. These would lead to better water quality and quantity. Key issues for the project were identified as flooding, water quality, and water resources.

The commissioners asked for an additional meeting with representatives from cities, tribes, and to include Mason county. A subgroup was to develop the proposal and convene a large group meeting to consider it. The commissioners who were identified as participating in the council were Graham from Lewis County, Beerbower from Grays Harbor, and Nichols from Thurston.

Meeting with Mayors and Commissioners

This meeting with mayors and county commissioners was held September 25, 1997.

The purpose was to discuss a draft proposal for formation of a watershed council and to decide next steps. Throughout the process, the facilitator was Brian Walsh, and Sue Mauermann attended and made introductory remarks.

The meeting notes from the September 25 meeting show some skepticism on the part of the mayors. Questions (not attributed) were raised about Ecology's record and about the goal and parameters of this planning effort. It was pointed out that Ecology has not been participating in the flood meetings in Lewis County and that the TMDL process is "suspect." Complaints were voiced about the regulations of the Clean Water Act. "Next steps" included getting Weyerhaeuser's participation, forming subgroup to develop a proposal, and including "all" entities. It was suggested that an attempt be made to get legislators to form a "Chehalis caucus," modeled on the coastal caucus.

Addidtional Meetings

As part of the public records released to me, a roster was provided for a meeting November 7, 1997 but no additional material. This is the first roster provided, and shows 19 people attended including Jim Hillery (Weyco), and Commissioners Nichols, Graham. Among cities, Aberdeen, PeEll, and Chehalis were represented and five (!) persons represented the Chehalis Tribe.

On December 12, a meeting was held at the Casino to "review and comment on Chehalis Basin Council Mission, Watershed management grant application, and inter-governmental agreement." 18 people attended; of these, six had not attended the 11/7 meeting, so the composition of this group was in flux.

Another meeting was held January 16, 1998 at the Casino. According to the invitation (from Brian Walsh), a work group consisting of representatives from counties, cities, and the Chehalis Tribe would present a draft proposal addressing the mission, structure, and composition of a watershed council. This meeting included as its purpose a review of the watershed grant application. A meeting is planned for February 13, 1998, 9 AM, at the Reservation.

Intergovernmental Agreement

The 1/15/98 draft Intergovernmental Agreement outlines a purpose, goals, meetings, identifies Lewis County as lead agency, and addresses funding. Also attached was a 1/5/98 draft of the makeup of Council proposed membership. This purpose is cited in the draft agreement: ". . .to collaboratively pursue strategies within the Chehalis River Basin which include the key elements of flood reduction, fisheries, recreation, water quality and water quantity."

Under goals, the draft cites "to seek participation from interested and affected parties." The Council is to serve "in an advisory and information capacity" to coordinate efforts focusing on:

Meetings will be held regularly to address water quality, water quantity, flooding and fisheries issues. Technical and citizen advisory committees will be formed as needed. "Consensus building will be used to reach major decisions whenever possible." The agreement does not state how decisions will be reached in the absence of a consensus. It is not clear how a council intended to be advisory can make the decisions required to coordinate efforts.

Although the council is advisory, Lewis Council as lead agency is provided the authority, in the event any work must be performed by or on behalf of the parties, to solicit Statements of Qualifications, negotiate scope of work and execute contracts. The lead agency cannot obligate any parties wihtout a prior approved letter of understanding.

It is stated that the funding will be through watershed management grants from the DOE and other public and private funds inteded for watershed planning and implementation.

The draft lists Counties, Cities, Tribes, and State Government as potential signers.

The Chehalis Basin Council list of members dated 1/5/98 appears at first glance to be very extensive. It includes 15 mayors of cities and towns in the three counties. From the counties, Graham, Beerbower, and Nichols, and various staffers, are identified as the participating commissioners from Lewis, Grays Harbor, and Thurston County respectively. From Mason county, all three commissioners are listed. Representatives from the Chehalis and Quinault tribes are listed. From State agencies, Mauermann and Walsh from the DOE, Sara LaBorde from WA Fish & Wildlife, and Howard Thronson, from WA DNR are identified. Executive directors of the three port districts are listed. There is a final category of "interested Groups." Three people are listed, including two representing "agriculture" and one from timber (Jim Hillery, Weyco.) There is no category, even among "other interests," for environmental groups, although there is a "business"category not yet filled with a name. No representatives of other major interests, including fisheries and recreation, although these are included in the "goals."

Watershed Management Grant application

An undated draft indicates that Sue Mauermann has sent or will send Lewis County's grant application to Senators and Representatives in affected districts for information. The cc list on this draft may indicate the real players so far better than the possibly inflated list of Council members cited above. This cc list includes only Nichols, Graham, and Beerbower, Mayor Brunswig of Centralia, Mayor Spahr of Chehalis, Mayor Penberth of PeEll, Dr. Sodhi of the Chehalis tribe, and Brian Shea from Aberdeen.

Before the January 16, 1998 meeting, on approximately January 8, the Watershed Management Grants Program Grant Application was sent to the DOE. Under project name, two names were listed: Chehalis Basin Watershed Plan and Chehalis Basin Council. The area includes WRIAs 22 and 23. The areas of concern are the same as the "goals" of the intergovernmental agreement.

Some quotes from the application: "The council will serve in an educational and advisory capacity to help local governments, tribes and other interests collectively manage natural resources in a more comprehensive and coordinated way. . .The council - an advisory and information entity--will hold regular meetings. Representatives will include the following: local governments, tribes, state agencies, ports, business, timber and agriculture. . . . Technical and citizen advisory sub-committees will be formed, if needed, to pursue specific issues."

The grant asks for $100,000.00 from DOE.

On the form, there is a question, "Have all interests had an opportunity to be involved?" The answer: "Once the watershed council is formed, all interests identified above will be invited to participate in the process."

The interests identified above, on this Participants page, include agriculture, timber, business, ports, state government, citizens (first mention of citizens in this material).

There is a section on the grant form to explain how the planning unit was organized, what has been accomplished so far, and how the lead agency was designated. The response: "The Department of Ecology initiated discussions with the counties, the cities and the Chehalis Tribe to ascertain interest information of a watershed council. A mission statement, council structure and recommended participation have been drafted. A work group consisting of representatives from the counties, the cities and the Chehalis Tribe decided the lead agency designation."

The application goes on to list "efforts completed to date." They include the DOE's WRIA 23 Assessment, a Comprehensive Flood Hazard Management Plan (CFHMP) completed in June 1993, the upper Chehalis TMDL study, and the Lewis County Flood Control Advisory Committee. Of course none of these were done by the new planning group, but I guess Lewis County thought the question meant what had been done in general. Among "efforts to date" is this very interesting item: "Lewis County (with financial assistance from the Department of Ecology) has retained the services of Pacific International Engineering to model and design the structural modifications/improvements outlined in the above described CFHMP [the June 1993 plan]. This planning effort has expanded to include additional modeling in Grays Harbor County pursuant to an interlocal agreement with Lewis County. An additional partnership, through an interlocal agreement, with Thurston County is anticipated in early 1998."

Interlocal Agreements

This statement from the grant application provides the only link in the material I was provided between the DOE-initiated planning that is leading to the Chehalis Basin Council and the interlocal agreements between Lewis, Grays Harbor, and Thurston County. Yet links there certainly must be, given the mention of financial assistance from the Department of Ecology, above. The best review of what's happening with the interlocal agreements is provided by the Vidette article, which I copy below.

G.H. County to study floods in the Chehalis River Basin


By Amy Jennings, Vidette Reporter, Jan 22 1998

It's just two weeks into the new budget year, and the County Department of Public Services is already requesting an emergency budget extension in the amount of $54,752.

Grays Harbor has decided to join with Lewis County in an attempt to reduce and/or control flood damage in the Chehalis River Basin. This cooperative effort requires that Grays Harbor help foot the bill for a study currently being conducted by an engineering firm working for Lewis County.

Pacific International Engineering is currently under contract with Lewis County for flood damage reduction research and project development work for the Chehalis River Basin.

The Interlocal agreement be tween the counties states that Grays Harbor County is a "part of the basin and has mutual interest in achieving comprehensive basin wide flood damage reduction."

Although the work is already underway, Grays Harbor's participation in the project will re quire that the engineering firm expand the scope of work they were originally contracted to do for Lewis County.

Pacific International Engineering will be doing flood hydraulic analysis, and a survey of river cross sections, for five erosion sites along the Chehalis River from the mouth of the Satsop River to Oakville.

The first study site will include the left bank at the South Bank Road bridge near Oakville. Left bank erosion will also be studied at, and downstream of the Porter Creek Road bridge. Left bank erosion will be studied near Malone, and bridge pier erosion will be evaluated at two bridge sites in South Elma. The final analysis will be done on the right bank, downstream of the Keys Road bridge at the mouth of the Satsop River.

The engineering consultant will provide information for both counties with regard to flood damage reduction research and possible project development that may help to control erosion problems along the Chehalis River bank.

A public hearing, to review the emergency budget request, has been set for Jan. 26 at 2 p.m. in the Commissioners Meeting Room. [End of Vidette article.]

Also see the Aberdeen World article of January 29, 1998.

Comment

This process to form a Chehalis Basin Council has gone forward without any public comment or citizen participation. Important stakeholders such as fisheries, aquaculture, recreation, and timber interests other than Weyerhaueser are not at the table. To my knowlege, the public meeting in Montesano may be the first and only public hearing on the proposal, whether in Grays Harbor or Lewis County. And actions to form "interlocal agreements" have occurred before the proposed Chehalis Basin Council even has a chance to form, study, or advise. And what is the role of the Lewis County Flood Control Citizens Advisory Committee? And doesn't Lewis County have to go out for bids when they select an engineering firm?
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