An Advisory Committee is being convened to make recommendations to Ecology regarding appropriate technical methods for assessing and quantifying the capture of surface water by wells as they withdraw ground water, that is, the effects of groundwater withdrawals on surface water sources. Here is a brief description of the project and a list of contacts if you would like more information.
Achieve agreement among technical experts on appropriate technical methods for assessing and quantifying the capture of surface water by wells as they withdraw ground water, that is, the effects of groundwater withdrawals on surface water sources.
Under Washington's water code, senior water rights are protected from impairment from junior (later) rights. With increases in use and the adoption of instream flows to protect aquatic habitat on many streams, many of Washington's surface water bodies are closed or subject to intense competition for water. This has led those seeking new water rights to turn increasingly to ground water as their source of supply.
The Department of Ecology's earlier policy allowed ground water withdrawals that affected no more than five percent (the accuracy of single discharge measurements) of nearby surface waters. This policy has been replaced by its current approach of examining water right applications in the context of watershed assessments that evaluate the availability of water for new uses. If stream flow was judged to be too low to support existing uses and/or instream flows that protect fish, ground water permits have been denied for proposed wells that would capture surface water in these areas. Likewise, if lake or wetland levels were judged to be too low, permits for wells capturing water from the lake or wetland have been denied.
In 1996, based on 16 watershed assessments, Ecology issued about 600 water rights decisions, roughly half of which were denials. Ecology's standard for these decisions, largely upheld by the Pollution Control Hearings Board, is a rigorous test, sometimes termed the "one molecule" standard. The Department reasons that if no further surface water diversions can be permitted–even small ones–then ground water withdrawals should be held to the same standard. A 1997 bill that would have legislated a different standard for determining impairment was vetoed and a 1998 bill that would have had the same effect failed to pass the House.
The subject remains controversial, in part because the cumulative effects of groundwater withdrawals on surface water are not always recognized, and in part because no agreement has been reached within the state about established or consistent methods for evaluating ground water/surface water interactions. Therefore, Ecology is seeking advice on appropriate technical methods for evaluating the location, quantity, and timing of capture effects. Such methods will provide regulatory consistency to the management of water resources, including water right permitting, regulation, and consideration of mitigation for effects of withdrawals.
Specific questions the Technical Advisory Committee will be asked to address include:
The Advisory Committee is a small group of technical experts whose primary qualifications are their scientific expertise in hydrogeology and ground water/surface water interaction issues, and their practical experience in ground water evaluations in Washington State. The Committee represents a range of institutional affiliations, geographic areas (including both east and west sides of the Cascades), and technical backgrounds. It includes some of the most respected ground water experts from academia, tribal interests, government, environmental/non-profit groups, and private consulting firms.
The Committee will accomplish its work through a series of three to four all day workshops over the course of several months. Committee meetings will be facilitated by a neutral facilitator from Ross & Associates Environmental Consulting, Ltd. While the exact timetable will be dictated by the pace and detail at which the committee works, the goal is to have the Committee complete its work by the summer of 1998.
The product is expected to be a set of specific recommendations, representing the group's collective opinion, on appropriate technical methods that should be used to evaluate the effects of ground water withdrawals on surface water sources. The Committee's recommendations will be provided to Ecology and, through it, to the "Five Corners" water resource policy group. The Five Corners is a group of leaders representing the majority and minority of the House and Senate, as well as the Executive Branch. Its purpose is to work together to negotiate issues and develop policy and legislation in three key water resource policy areas: watershed planning, municipal supply and capture of surface water by wells.
After technical experts have completed the job of developing appropriate technical methods for assessing ground water/surface water interactions, follow-up efforts will consider how the technical tools recommended could be used to evaluate specific mitigation proposals to compensate for potential impairments as well as address the key policy issues related to capture of surface water by wells, such as when the effects of capture constitute an impairment of existing rights or established instream flows, and what might be appropriate mitigation measures.
Doug McChesney, of Ecology by phone at (360) 407-6647 or by e-mail
Linton Wildrick, of Ecology by phone at (360) 407-6643 or by e-mail
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