By John Henderer, The Chronicle, 5/19/98
Lengthy delays may be history for water-rights transfers in Lewis County, as commissioners voted unanimously Monday to form a water conservancy board.
The three-member board, yet to be appointed, will be responsible for processing uncontested water-rights transfers in the county. The board's recommendations must be reviewed by the state Department of Ecology within 45 days.
The Legislature opened the door for water conservancy boards last year in response to a three- to five-year backlog of transfer applications at Ecology.
Commissioners agreed to move quickly on a well-driller's petition to form the board, hoping to be one of two counties in a pilot program established by Gov. Gary Locke.
Benton County in Eastern Washington also has taken action to join the effort.
The petition was filed by Moerke and Sons Pump and Drilling Inc. of Chehalis.
"The Department of Ecology is involved in every step," said Clay Whitehead, Moerke drilling coordinator. "This is a way to streamline the process and get around some of the logjam at Ecology."
The board may face a dilemma in the Chehalis River Basin, where water rights now exceed available supply on low-flow days be about four times, according to an Ecology inventory.
The board will have no taxing authority or assets, but it could be sued. Volunteer board members will be trained by Ecology to process the applications.
Some citizens protested the county's action, suggesting it would be better not to get involved in a pilot program where the "bugs" get worked out.
In addition, some expressed concern about a variety of unknowns, including exactly how much water is available.
"Today it's there, tomorrow it's gone, and in Texas and California, that's what they're dealing with,' said Chehalis resident Rose Spogen.
Spogen expressed fears a proposed gas-fired energy plant in Chehalis would consume 3 million gallons of water a day - a "precious commodity' that could go further for homes and smaller businesses.
"If nothing else, it helps push Ecology to do something," said Cinebar resident Bob Thodde of Fire Mountain Farms. "What they really have said, 'We don't have a clue what's going on.'"
Chehalis-area resident Dan Smith said he had no trouble getting a water-right transfer for irrigation processed at Ecology in time to use on his fields.
He said the difficulties may arise when people ask to transfer rights from agricultural to industrial or commercial use.
Ecology must work with the pilot-project board to write rules by the end of this year overseeing their operation, according to a March 4 letter by Locke.
County officials questioned whether the governor could really limit the conservancy boards to two because the Legislature's action makes no mention of this.
Lewis County Prosecuting Attorney Jeremy Randolph said joining the pilot program could save attorney's fees and time wrangling with the governor.
Voting in favor of the measure, Commissioner Glenn Aldrich said, "I see it also as an increase in opportunity: getting government out of the way."
He cited a list of 11 developers, land surveyors, relatives of well drillers, engineers and planning commissioners who submitted letters in favor of the proposal.
Commissioners will appoint members to the board, but will have no control over it beyond that. Appointees will serve six-year terms. The first appointment will be to two-, for- and six-year terms, to create staggered terms and reduce turnover.
"This is essentially hiring some citizens for free," Randolph said, "You need someone who is quite knowledgeable who has absolutely no interest in it."
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