WRIA 1 Planning Unit. Wednesday, July 27, 2016, 6:00 8:00 PM. Civic Center Garden Level Conference Room, 322 N. Commercial St.

Transcription

1 WRIA 1 Planning Unit Wednesday, July 27, 2016, 6:00 8:00 PM Civic Center Garden Level Conference Room, 322 N. Commercial St. 1-Week-Prior Draft Meeting Agenda Topic Time # Subtopic Action Needed? Handout or Homework? Introductions; 6:00 1. Call to Order/Introductions Yes- No Sign-in-sheet Agenda Review 6:05 2. Review and approve agenda Yes Approval 1. 7/27/2016 and Approval, sought Agenda Housekeeping; Misc. 6:15 3. Housekeeping and misc. Review and approve 6/22/2016 Draft Meeting Summary Yes approval sought for meeting summary 2. 6/22/2016 Draft Meeting Summary Lead Richard All All Committee Updates 6:25 4. Governance and Funding Committee (GFC) Yes - Motions See below 3. 7/13 GFC mtg summary attchd Dan Ag Water Board letter discussion Yes - GFC motion on Ag Water Board ltr RE: ILA 4. Handout attchd in 6/27 from Beth Bushaw Dan Discussion of Motion introduced by Marlene Dawson Yes - GFC motion 5. Handout attchd in 6/27 from Beth Bushaw All 2005 WMP Outline Yes discussion of outline 6. 7/13 GFC mtg summary attchd All Planning Unit Funding/Work Request Memorandum Yes update 7. Gary Stoyka 6/29 Gary NGWS Caucus funding request Yes approval sought 8. NWGS application All Page1

2 Topic Time # Subtopic Action Needed? Handout or Homework? Lead Lower Nooksack Strategy Discussion 6:50 5. LNS, WMP Caucus comments, Top 3-4 priorities Yes Discuss next steps TBD Ann Lead Agency Update and Review 7:10 6. Lead Agency Update; Update on CWSP No Informational Only 7. Yes - handout Gary Next Steps 7:35 7. Review action items; call for agenda items - August 2016 meeting Yes agree on agenda items No All Public Comments 7:45 8. Public Comment Period, conclude meeting No No Public Handouts 1. 6/22/2016 Draft Meeting Summary 2. GFC Meeting Minutes 3. DRAFT Summary Outline of the 2005 WIRA1 Watershed Management Plan 4. Ag Water Board letter - handout attached in 6/27/16 from Beth Bushaw 5. Motion from Marlene Dawson - handout attached in 6/27/16 from Beth Bushaw 6. 6/29/16 Gary Stoyka to WCC 7. NGWS Caucus funding request 8. Lead Agency Update Page2

3 WRIA 1 Planning Unit Meeting June 22, 2016 Draft Meeting Summary This summary captures key decisions and next steps from the June 22, 2016 meeting. Digital recordings of the Planning Unit meetings can be found at the Planning Unit website at Caucus Attendees: Agriculture Henry Bierlink City of Bellingham Inactive Diking/Drainage Not represented Environmental Karlee Deatherage Federal Government Not represented Fishers Terry Montonye (provisional) Forestry Richard Whitmore Land Development Not Represented Non-Government Water systems Andy Ross Port of Bellingham Sylvia Goodwin Private Well Owners Karen Brown Public Utility District # 1 of Whatcom County Not Represented Small Cities Inactive State Government Inactive Water Districts Richard Banel Whatcom County Gary Stoyka Others Present Max Perry Carole Perry Elizabeth Volkart Richard Whitson Dan Eisses Ellen Baker Marlene Dawson Karen called the meeting to order at 6:08 pm. DRAFT June 30, 2016 Of Planning Unit Meeting Summary July 13,

4 Planning Unit Motions That Passed 1 Motion (Motion #1) by Henry Bierlink and seconded by Karlee Deatherage that we accept the Governance and Funding Committee s Draft memorandum with the changes made by the Planning Unit listed below. With the changes below, the memorandum will be sent to the Whatcom County Council and distributed to the Planning Unit. Planning Unit revisions to the draft memo: 1. Add the following text to the beginning of the sentence that begins on line 44, after the Have Whatcom County Planning and Development Services work with the Planning Unit to 2. Line 46, change years to 30 years (plus or minus) The revised sentence starting on line 44 is: 3. Have Whatcom County Planning and Development Services work with the Planning Unit to produce maps and other descriptions that will show what WRIA 1 could look like in 30 years (plus or minus) based upon the continuation of existing water and land management programs. 3. Delete the sentence beginning on line 54 that reads, For example, buffers of varying widths could be placed on waterbodies to gain a sense of the areas involved ( e.g., 5 ft. 50 ft, buffers in three separate layers). Vote: 7 in favor (Agriculture, Environmental, Fishers, Forestry, NGWS, Private Well Owners, Water Districts 1 Port of Bellingham opposed 2 abstain: (PUD #1, Water Districts, Whatcom County) 6 not present (City of Bellingham, Diking/Drainage, Land Development, Small Cities, State Agency, Federal Agency) Motion passes Planning Unit Motions That Did Not Pass None Other Items Considered (or Announced) By Planning Unit The Planning Unit unanimously approved the 6/22/16 agenda. The Planning Unit unanimously approved the 5/25/16 Planning Unit meeting summary as presented. 1 Note that motions (passed and not passed) are numbered in the order they were presented during the meeting DRAFT June 30, 2016 Of Planning Unit Meeting Summary July 13,

5 Planning Unit members suggested the following topics for consideration for the July 27, 2016 Planning Unit Meeting Agenda: o Make sure there is some time set aside to discuss and approve funding requests. o Review the group s 3-4 priorities for work plan items out of the watershed management plan for implementation. o Gary will give an update of the CWSP. o Discussion of the list Linda Twitchell is compiling of information and links to be added to the existing website. o Discussion of the Ag Water Board letter that was handed out at the meeting. Actions and Follow Up Richard Banel is the Chair for July and August. Sylvia Goodwin will serve as the Vice-chair for July and August, moving to the Chair for the months of September and October. Andy will make the changes to the Planning Unit Final Website Work Request per the motion above and Gary will the final document to the County Council. Linda Twitchell would like everyone to her with information and links plus agendas to add to the existing webpage to have as much water information as possible in one place. Public Comment Marlene Dawson commented on a motion for the Planning Unit to consider. The document was read. Marlene will the document to Gary Stoyka. Meeting adjourned at 7:50 pm. DRAFT June 30, 2016 Of Planning Unit Meeting Summary July 13,

6 Governance and Funding committee meeting July 13, 2016 Attendees: Dick Whitmore, Max and Carole Perry, Ann Russell, Sylvia Goodwin, Ann Russell, Ellen Baker, Dan Eisses The Governance and Funding Committee three items on the agenda and came up with 3 recommendations for the Planning Unit; 1) Ag Water Board Request; The Planning Unit acknowledges the Ag Water Board letter. The Planning Unit feels this is a direct result of the ILA being silent on the role of the Planning Unit. The Planning Unit reiterates the quote from the 2005 Watershed Management Plan, effective natural resource management requires a collaborative and coordinated framework for advancing a shared vision that integrates the full range of existing and future natural resource management efforts across jurisdictions in WRIA 1. If the statutory role of the Planning Unit were addressed with the ILA, we do not feel the Ag Water Board s request would be necessary. 2) Marlene s Propose Motion; The GFC believes that implementation of the WRIA 1 Instream Flow and Adoption Action Plan (2005 WMP) would facilitate addressing these questions. 3) 2005 Watershed Management Plan outline The committee reviewed a draft outline of the 2005 WMP. The GFC recommends that the outline go to the caucus for review and comment in anticipation of discussion at the next Planning Unit meeting. Dan Eisses General Manager Birch Bay Water & Sewer District 7096 Point Whitehorn Road Birch Bay, Washington Phone (360) Fax (360)

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29 AWB Board Scott Bedlington, Bertrand WID Roger Bajema, North Lynden WID Rod Vande Hoef, South Lynden WID Mike Boxx, Laurel WID Marty Maberry, Drayton WID Andy Enfield, Sumas WID June 16, 2016 Joint Water Board of Whatcom County c/o Whatcom County Executive 311 Grand Avenue Bellingham, WA Dear Members of the Joint Water Board: The proposed Interlocal Agreement restructuring the Watershed Planning Joint Board and Salmon Recovery leaves no clear place for agriculture to be represented. It is cold comfort to the ag community to be solely represented by the County which has been much more focused on facilitating the Joint Board than advocating for the diverse interests that count on the County to represent them. Ag s claim to request involvement is based on its newly developed ability to formally represent landowners of nearly 70,000 acres of productive farmland through the six Watershed Improvement Districts and their coordinating entity, the Ag Water Board (AWB). This land is both impacted by, and has an impact on, a large percentage of the water resources in the north central county. Formally recognizing ag s role and contributions is in the interest of the other partners in the Water Policy Board. The AWB recognizes that there are numerous water related issues before this board that are not high priority issues for farmers. But since water supply, water quality, drainage, flood management, and habitat are all concerns for farmers it seems wisest to request our formal involvement in the newly structured Policy Board. We are open to discussion about the form of our involvement but are insistent that the current ILA draft is not acceptable. Our WIDs are local governments with large stakes in water issues. Both our landowners and 1796 Front Street, Lynden WA info@agwaterboard.com

30 the partners in the new Water Policy Board will benefit from our direct involvement. Sincerely, Scott Bedlington AWB Chairman cc: Merle Jefferson, Lummi Natural Resources Bob Kelly, Nooksack Tribe Stephen Jilk, PUD # 1 of Whatcom County Brendan Brokes, WDFW Mayor Linville, City of Bellingham Mayor Korthuis, City of Lynden Mayor Mutchler, City of Ferndale Mayor Bromley, City of Sumas Mayor Perry, City of Everson Mayor Ackerman, City of Nooksack Mayor Robinson, City of Blaine Gary Stoyka, Water Resources Jon Hutchings, Public Works 2

31 Motion for the Planning Unit to Consider: The Planning Unit reviews the WRIA 1 watershed management plan. We have the greatest stake in proper, long-term management of the resources. To protect all citizens rights and interest, it is essential that all provide input and direction. To be effective the Planning Unit must understand the treaty-related tribal water rights claims being sought by the Nooksacks and Lummis. Additionally, we understand that a mediated settlement must have some kind of basis for its claims. Since the Nooksacks and Lummis have declined an invitation to share their specific claims, we are seeking answers to the following positions. 1. Define and explain the pre-court agreement statement found in the Boldt fisheries suit where the parties assert that the various tribes retained exclusive title to certain lands. After the phrase has been defined, using a map, identify those lands of exclusive tribal title. We ask for such because the Point Elliott Treaty language is incongruent with the above statement. For example, the Treaty states in Article 1 that the tribes ceded all tribal title, all rights and all interests to lands in the Territory and the United States. We understand that treaty language takes priority over assumptions. 2. Are the Nooksacks and Lummis seeking aboriginal water rights or Winter s water right? We ask this because in the Lummi Peninsula groundwater adjudication suit the Lummis stated they were seeking a Winter s Water right. Yet, they used terms associated with aboriginal water rights. Those terms used are since time immemorial and permanent homeland. The treaty used neither of these terms. In fact the treaty addresses only the present use and occupation of the lands by the tribes. The only time permanent is used is in addressing the allotments given to the natives for the privilege of settlement. This was the same type of privilege granted to white settlers. Aboriginal water rights have multiple purposes. Only a primary purpose is allowed in Winters. We understand that Judge Zilly found agriculture to be the primary purpose for the Lummi reservation and declined to provide for any secondary purpose. 3. If we assume the Indian parties are seeking a Winter s water right, can we then agree, that such attaches to lands reserved out of the public domain? The phrase reserved out of the public domain was used in Winter s. The only type of lands that can be reserved out the public domain, for purposes of Indian reservations, would be those lands held in federal trust. Do you agree with this statement, if not explain. 4. There are parties who would require water quantification be determined in an adjudication suit, not just put faith in the parties position that tribal trust lands exist for this purpose. Will the parties provide an Alta Title Insurance policies for at least 5 1

32 properties, policies that will support their lands are held in trust as opposed to being supported only for simple fee title? We ask this because we understand no title insurance can be produced that will warrant any of the purported trust deeds for purposes for tribal rights or for federal trust. 5. Language guaranteeing appurtenances was included in the original native allottee deeds, rights which would pass to each successor. Is there agreement that that an appurtenance right includes rights to water and access to the tidelands and resources? If not how do you legally define the appurtenance language and can you reference case law for your position. 6. The Point Elliott Treaty states in Article 5 the right of taking fish at usual and accustomed grounds and stations is further secured to said Indians in common with all citizens of the Territory. (a) This language makes reference not to tribes but to Indians. Would you agree that only tribes have governmental authority as opposed to Indians? (b) This language addresses this right during the reservations existence within the Territory, as opposed to when the reservations would to be brought within the boundaries of a future State. Would fishing at all the usual and accustomed grounds and stations, while a Territory, be consistent with providing aboriginal rights until the lands are treated as public lands. (c) Would you agree that the treatment of aboriginal rights in a reservation ends with its treatment as public lands? Would you agree that once the President opens the reservation via allotments held in private names, as permitted in the treaty by Congress, that the lands have become public lands. (see 41 ALR Fed. Aboriginal Title to Indian Lands- Indian Claim Commission Findings) 7. (a) Is there agreement that the reservation was allotted in severalty some time in the 1800 s? Article 6 of the Omaha treaty, as referenced in the Point Elliott Treaty, states action must be taken by the State legislature to bring the Indians inside the boundaries of the State with agreement followed by Congressional action. Are you aware that State action was taken by our first legislative body? All restrictions on the land were to be dropped where reservations were allotted in severalty. ( See State Session Laws ) Additionally, Congressional action to support alienation was to be completed by (See Fifty-Second Congress 1893 pages 633 & 634) 8. The original allottee deeds, which were held in their private names as opposed to the U.S. government s name, held a 25 year restriction period. What Congressional action can the Lummis point to that would support continued restrictions on the reservation lands. 9. Is there agreement that holding title in tribal trust is the only way that a tribe in Washington State can hold governmental authority? Is there agreement that a directive was given to Interior that supports deeds must be issued where trust title exists for a tribe? 2

33 Memorandum TO: Whatcom County Council FROM: WRIA 1 Planning Unit DATE: June 22, 2016 SUBJECT: Request for Whatcom County to Complete WRIA 1 Watershed Management Plan Website Updates and Revisions The WRIA 1 Planning Unit requests that Whatcom County, utilizing $30,000 of the funds set aside in 2016 for the Planning Unit, complete the work described below and provide the results for the Planning Unit to review and approve, while also providing periodic updates throughout the work 1. WORK TASKS: 1. Add pages to the existing WRIA 1 Watershed Management Project website, based on the content described below. 2. Provide a live web-based compilation of all ongoing Watershed Management activities within Whatcom County. The format for this update would be similar to the Comprehensive Water Resource Plan 2001 Update (2001 Update). The 2001 Update is a comprehensive document that includes ongoing efforts such as the WRIA 1 Watershed Management Project, Salmon Recovery, and Shellfish Protection (the Table of Contents is Attachment 1). Each activity should list what has recently been completed, what is currently being completed, and what is anticipated to be completed within the next one to two years, in addition to a link to the agency, department, and/or person responsible for the activity. 2a. As part of the web-based compilation of all ongoing Watershed Management activities within Whatcom County, provide the implementation status of existing watershed management plans by objective and task. Minimally this includes the 2005 WRIA 1 Watershed Management Plan Phase 1, the 2007 Detailed Implementation Plan, and the 2010 Lower Nooksack Strategy. 2b. Also as part of the web-based compilation of all of ongoing Watershed Management activities, provide a webpage that is a clearinghouse for all water-related programs in WRIA 1, not just Whatcom County or WRIA 1 Watershed Management Programs. The Planning Unit is currently starting the task of compiling links to these programs. Examples of such programs would be water-related content from RESources and Whatcom Family Farmers. The idea is to give the public a page where they can see links to all local water-related activity we can identify, by elected government entities or other organizations. 1 Please note the remaining funds ($10,000) set aside for the Planning Unit in 2016 are intended for individual caucus outreach and support. We re in the process of asking Individual caucuses to submit requests for up to $2,500 each to the Planning Unit which, if approved, will then be submitted to the County Council. June 22, 2016 WRIA 1 Planning Unit Work Request Page 1 of 3

34 Have Whatcom County Planning and Development Services work with the Planning Unit to produce maps and other descriptions that will show what WRIA 1 could look like in 30 years (plus or minus) based upon the continuation of existing water and land management programs. Ideally this would be available as a map-based webpage with various layers (e.g., build-out, flood hazard reduction measures, stream, wetland, and other critical area buffers, water availability) that can be turned on and off, as well as providing for the download of the Geographical Information Systems (GIS) files themselves that portray this information. We believe that this will assist the public and decision-makers with focusing on desired future conditions and help to avoid potential conflicts. While some management programs may be impossible to precisely predict, different scenarios could be shown. Some of this information already exists under previous WRIA 1 Watershed Management Project efforts, full build out within WRIA 1 has been mapped and described. EXPLANATION: The Planning Unit does not have staff support to oversee this work, which is why the Planning Unit is asking Whatcom County to complete the work with Planning Unit funds. The Planning Unit believes that making this information easily available to elected officials, government and other agency staff, and the public is the highest priority in moving forward with water resources management in WRIA 1. This work will also provide valuable information to other parties interested in seeing that watershed management efforts move forward. This request dovetails with previous requests from the Planning Unit to obtain updates of the implementation status of various watershed management programs and also completes significant portions of the Planning Unit s Workplan (portions of Objectives 3, 4 and 5). This summary of work should also satisfy Council member Browne s recent resolution requesting that county staff present a compilation of all the various groups that are involved in watershed management. This request addresses concerns expressed by Whatcom County Council members that there is not one place or person who can provide an up-to-date answer of what is happening where with regards to Watershed Management. We believe this work will accomplish that goal and provide the context to determine where gaps and overlaps occur in watershed management efforts, which should improve overall efficiency. Using already-budgeted Planning Unit money toward this project seems to be our best way of providing information to the public regarding water management efforts. June 22, 2016 WRIA 1 Planning Unit Work Request Page 2 of 3

35 82 ATTACHMENT 1 83 June 22, 2016 WRIA 1 Planning Unit Work Request Page 3 of 3

36 July 27, 2016 WRIA 1 Planning Unit & Whatcom County Council 311 Grand Avenue Bellingham, WA Subject: Larry Helm 2660 East 41 st Terrace Bellingham, WA larnsha@earthlink.net Non Government Water System Caucus Application to the WRIA 1 Planning Unit and Whatcom County Council for $2,500 of the Funds Set Aside for the WRIA 1 Planning Unit for 2016 On behalf of the Non Government Water Systems Caucus (NGWS), via the WRIA 1 Planning Unit [Pending approval by the Planning Unit please note, if approved, this text and the identical bold text below will be removed for the copy sent to the Whatcom County Council], I am submitting the NGWS application for $2,500 of the $40,000 set aside for the WRIA 1 Planning Unit for Calendar Year 2016 by the Whatcom County Council on November 24, This application was submitted to the WRIA 1 Planning Unit for their consideration on July 27, 2016, and following their approval (Motion No. 1 [Pending approval by the Planning Unit] this application is being submitted to the Whatcom County Council. This application is a substantially reduced version of the application submitted by the NGWS Caucus in February Requested funds will be used to help rebuild the NGWS caucus through outreach to water associations in WRIA 1. The outreach will be through a newsletter, meetings with water association board members, and an annual meeting. Notice of the annual meeting will be via surface mail, , as well as advertisements in local newspapers. The attached budget (Attachment 4) describes the work and uses of the requested funds. This application is a first step in rebuilding the NGWS caucus with the ultimate goal of the caucus becoming self-sustaining. This application includes the following materials: Item Attachment Number(s) This Transmittal letter N/A Annual Update Questionnaire 1 WRIA 1 Watershed Management Project Caucus Support Application 2 Letter of Agreement (LoA). The LoA contains references to two Exhibits; A and B, 3 which are attachments 5 and 6, respectively. Please note that references to a caucus support provider have been deleted (struck through) as a contractor will not be hired by the caucus (for which text has been added to the LoA in italics). Budget 4 Participation Assistance Policy (PAP) (Exhibit A from LoA) 5 Whatcom County Purchasing Policy (Exhibit B from LoA) 6 Please note that the Application footer with page numbers continues through all the attachments to facilitate use of the entire Application. 1 See July 27, 2016 WRIA 1 Planning Unit Meeting Summary available at A draft Meeting Summary will be available August 17, 2016 in the Planning Unit agenda package distributed for the August 24, 2016 Planning Unit meeting. The draft summary will be up for review and approval at the August 24, 2016 meeting. July 27, 2016 NGWS Caucus Funding Application Page 1 of 16

37 The application process adopted by the Planning Unit on Oct. 28, 2015 and amended on Feb 24, 2016 is described below. The February 24, 2016 amendment added Planning Unit review and approval of individual caucus support funding applications. 1. The Planning Unit approves a funding request to go before the Whatcom County Council for their consideration. For individual caucus applications: a. At a minimum, the Application Package includes the Annual Caucus Questionnaire, Caucus Letter of Agreement, Caucus Support Application, and a Caucus Budget. 2. The application goes to the County Council for their review and approval. If there are questions and/or comments, the County Council directs those to the Planning Unit. 3. Once an individual caucus funding application is approved by the Whatcom County Council, the Letter of Agreement becomes a contract between the County and the NGWS. The Letter of Agreement is then submitted to the County Finance Department through which the caucus can submit invoices after the invoices have been approved by the NGWS board. a. Funds are not provided up-front by the County. Mr. Gary Stoyka of Public Works is looking into means to cover costs such as printing, postage, and similar costs. This may be the County providing that service through an account setup for the caucus, or through use of a third-party vendor, or via another means. Please contact me if you have any questions or comments. Thank you for your time and consideration. Sincerely, /ss/larry Helm Larry Helm President, Non Government Water Systems Caucus July 27, 2016 NGWS Caucus Funding Application Page 2 of 16

38 62 63 July 27, 2016 NGWS Caucus Funding Application Page 3 of 16

39 64 65 July 27, 2016 NGWS Caucus Funding Application Page 4 of 16

40 66 67 July 27, 2016 NGWS Caucus Funding Application Page 5 of 16

41 68 69 July 27, 2016 NGWS Caucus Funding Application Page 6 of 16

42 70 71 July 27, 2016 NGWS Caucus Funding Application Page 7 of 16

43 72 73 July 27, 2016 NGWS Caucus Funding Application Page 8 of 16

44 74 75 July 27, 2016 NGWS Caucus Funding Application Page 9 of 16

45 76 77 July 27, 2016 NGWS Caucus Funding Application Page 10 of 16

46 78 79 July 27, 2016 NGWS Caucus Funding Application Page 11 of 16

47 80 81 July 27, 2016 NGWS Caucus Funding Application Page 12 of 16

48 82 83 July 27, 2016 NGWS Caucus Funding Application Page 13 of 16

49 ATTACHMENT July 27, 2016 NGWS Caucus Funding Application Page 14 of 16

50 ATTACHMENT July 27, 2016 NGWS Caucus Funding Application Page 15 of 16

51 ATTACHMENT July 27, 2016 NGWS Caucus Funding Application Page 16 of 16

52 County Update to Planning Unit July 20, 2016 At the July 19 th Surface Water Work Session, the County Council passed a resolution requesting that County staff initiate a process to hire a contractor to further the work requested by the Planning Unit in their June 22 nd memo to the Council utilizing $30,000 of the money council earmarked for the Planning Unit in the 2016 budget. All of the Phase 2 and Phase 3 work is scheduled to be completed by September 30. At the July 19 th Surface Water Work Session, the County Council expressed support for completing Phase 4 of the modeling project. The next WRIA 1 Joint Policy Boards Meeting is scheduled for Thursday, July 28 th at 1:30 PM in Garden Room. The Boards are scheduled to make a decision regarding the ILA combining the Joint Board and Salmon Recovery Board. The Ag Water Board, which represents all of the Watershed Improvement Districts in the county, has requested to be included in the new ILA or otherwise have a seat on the new combined board. Both the County executive and council have indicated support for their inclusion. There will likely be a discussion of this request at the July 28 th meeting. The Joint Policy Boards will also be briefed and asked to provide policy direction regarding the Whatcom LIO recovery plan, which is currently in preparation. The next Flood Control Zone District Advisory Committee meeting is scheduled for 7:00 PM, August 11 th in the Garden Room. Coordinated Water System Plan At the July 19 th Surface Water Work Session, Council indicated that they will consider acceptance of the CWSP at the July 26 th council meeting. The Whatcom Water Supply Coalition continues to work on a mission statement and goals.