By John Henderer, The Chronicle, 5/15/98
A Chehalis well driller has petitioned Lewis County commissioners to create what could become the state's second water conservancy board under a law passed last year by the Legislature.
The board would speed water-rights transfers that some say now take years for the state Department of Ecology to process.
Ed Moerke, owner of Moerke and Sons Pump and Drilling Inc., said Ecology's inability to process water rights applications in a timely manner impedes residential and business development.
The state no longer grants new water rights in the Chehalis River basin because, Moerke said, an Ecology assessment found existing water rights account for 300 percent of the basin's available water.
The state has delayed for five years a water rights application by an established Lewis County agricultural firm that would like to expand near Winlock, Moerke said, declining to identify the business.
He said his petition is to help 'the little people' who need water rights, but do not have political clout.
Bill Lotto, executive director of the Lewis County Economic Development Council, said the proposal 'looks as though it would be a very, very positive move for Lewis County.'
Chehalis resident Rose Spogen raised questions about industrial use of water affecting residents' home use.
'I can just see this as a big can of worms,' Spogen said.
The proposed Lewis County Water Conservancy Board would be made up of three volunteer members, appointed by the county commissioners.
A conservancy board would process transfers of uncontested water rights. Recommendations from the board would be sent to Ecology, which would have 45 days to accept, refuse or modify the transfer.
Ecology now processes water-rights applications on a first-come, first-served basis, unless a public health issue arises. Staffing cuts have slowed the agency's processing of applications, said Peggy Clifford, environmental planner for the Ecology water resource program.
Water rights are required for any single user demanding more than 5,000 gallons of water a day. A single-family home does not require water rights because it requires less than 500 gallons of water a day, officials said.
Commissioners will hold a public hearing on Moerke's petition at 10:45 a.m. Monday.
During a public forum Thursday, commissioners acknowledged feeling some pressure to act quickly.
A March 4 letter from Gov. Gary Locke instructed Ecology Director Tom Fitzsimmons to authorize just two pilot boards this year to help write administrative rules by Dec. 31.
Benton County has already acted to create a conservancy board, but members have not been appointed to it, Clifford said.
Okanogan County is also considering plans to create a conservancy board, she said.
In Thurston County, where officials are following an attorney general's opinion as if it were law, Moerke said the inability to obtain water rights probably 'shut down' 10 of his drilling jobs within the last month.
The opinion states water rights are required for development requiring more than 5,000 gallons of water a day on contiguous properties under single ownership, such as in a large subdivision. The opinion has impeded so-called 'six-packs,' the practice of hooking six new homes in a subdivision to a single well.
Lewis County has not chosen to adhere to the opinion.
'The attorney general's opinion is just that,' said Commissioner Glenn Aldrich. 'It's an opinion.'
Lewis County Index Page
Back to Watershed Index Page
Back to Whats New Index Page
Back to Chehalis River Council Index Page