Whatcom County Coordinated Water System Plan Update Water Utility Coordinating Committee (WUCC) November 5, 2014 1 Introductions Whatcom County Council representative County Staff WDOH staff Ecology staff Water Purveyors (voting/non-voting) Tribal Representatives General Public RH2 Engineering, Inc. 2 Coordinated Water System Plan (CWSP) Developed pursuant to the Public Water System Coordination Act (Chapter 70.116 RCW) and the Water System Coordination Act (Chapter 246-293 WAC) Identifies the Critical Water Supply Service Area (CWSSA) Incorporates water system plans for public water systems in the CWSSA Includes “supplementary provisions”. 3 Coordinated Water System Plan Supplementary Provisions Supplementary Provisions include: Assessment of related, adopted plans Identification of future service areas and service area agreements 4 Coordinated Water System Plan Supplementary Provisions (cont.) Minimum area-wide water system design standards, including fire flow performance standards Procedures for authorizing new water systems Assessment of potential joint-use or shared facilities and/or management programs. (WAC 246-293-220-240) 5 Coordinated Water System Plan Plans are to provide for “maximum integration and coordination of public water system facilities consistent with the protection and enhancement of the public health and wellbeing.” (RCW 70.116.050) 6 Brief History of Whatcom County CWSP Process initiated in 1990 CWSSA designated in 1991 Draft CWSP was produced in 1993 Never officially adopted by WDOH Draft was updated in 2000 and was approved by WDOH Current update commencing November, 2014 7 CWSP UPDATE We plan to use whatever we can use from the existing plan We see four types of information: 1. Information still relevant will be re-used 2. Information that needs to be updated 3. Information no longer relevant will be deleted 4. New information will be included. 8 Water Utility Coordinating Committee (WUCC) Statutory “vehicle” to do CWSP update WUCC Voting and Non-Voting Members WAC 70.116.040 Defines who is a voting member Representative from each purveyor serving more than 50 customers (connections) County Legislative Authority (Council) County Planning Agency County Health Agency 9 Background Voting by WUCC Members WAC 70.116.050(2) Decisions of the committee shall be by majority vote of those present at meetings of the committee. All voting WUCC members: Assign a primary representative (required) Assign an alternate representative (optional) 10 County Council Representative WUCC – Voting Member Carl Weimer Rud Browne, alternate 11 County Staff WUCC – Voting Members Planning and Development Services Mark Personius Health Department John Wolpers WUCC – Non-voting Member Public Works Gary Stoyka 12 WDOH Staff WUCC – Non-voting Member Regional Planner Richard Rodriguez Regional Engineer Jolyn Leslie 13 Ecology Staff WUCC – Non-voting Member WRIA 1 Watermaster Kasey Cykler 14 Purveyors WUCC – Voting Members Systems Serve More Than 50 Connections WUCC – Non-voting Member Systems Serve 50 Connections or Less 15 Tribal Representatives WUCC – Non-voting Members Lummi Nation Nooksack Indian Tribe 16 General Public 17 RH2 Staff Consultants: Jim Bucknell Andy Dunn Technical and Data Lead Michele Campbell Meeting Facilitator and Document Lead Engineer Lead Jacki Quinn Meeting Summary & Document Proofing 18 Background Previous Coordinated Water System Plans (CWSP) 1993 2000 County Council Resolution 2014-045 2016 County Comprehensive Plan Update 19 Background Critical Water Supply Service Area Boundary COUNCIL RESOLUTION 91-075 All land in Whatcom County west of the National Forest excluding the Nooksack Indian Reservation and trust lands and the Lummi Indian Reservation but including all fee lands on the reservations within existing service areas as defined by WAC 248-56-200(11) which are under State and County jurisdiction and are not currently receiving water service from the Lummi Indian Nation or the Nooksack Indian Tribe. 20 Mark Personius, Whatcom County Planning & Development Services Whatcom County Planning & Development Services Presentation at the Water Utility Coordinating Committee Meeting November 5, 2014 Public Water System Coordination Act of 1977 Public Water System Coordination Act (RCW 70.116) Authority for establishing a Coordinated Water System Plan (CWSP). CWSP must not be inconsistent with the land use plan (RCW 70.116.050). Growth Management Act (GMA) The GMA, originally adopted in 1990, required Whatcom County to adopt a comprehensive plan addressing: Urban Growth Areas Agriculture, Forestry and Mineral Resource Lands Rural lands. The GMA requires a comp plan update and UGA review by June 30, 2016. The GMA addresses the interface between water supply and land use planning. GMA Water Provisions GMA Planning Goal 1 “Encourage development in urban areas where adequate public facilities and services [including water systems] exist or can be provided in an efficient manner” (RCW 36.70A.020(1)). GMA Water Provisions GMA Planning Goal 10 “Protect the environment and enhance the state's high quality of life, including air and water quality, and the availability of water” (RCW 36.70A.020(10)). GMA Water Provisions GMA Planning Goal 12 “Ensure that those public facilities and services [including water systems] necessary to support development shall be adequate to serve the development at the time the development is available for occupancy and use . . .” (RCW 36.70A.020(12)). GMA Water Provisions Land Use Element “. . . The land use element shall provide for protection of the quality and quantity of groundwater used for public water supplies. . .” (RCW 36.70A.070(1)). GMA Water Provisions Rural Element “The rural element shall include measures that apply to rural development and protect the rural character of the area, as established by the county, by . . . Protecting . . . surface water and groundwater resources ” (RCW 36.70A.070(5)). Whatcom County Comp Plan The County adopted its 1st Comp Plan under the GMA in 1997. The Comp Plan includes a future land use map. The Comp Plan addresses water planning issues and water service. County Comp Plan Water Planning Land Use Chapter “Channel growth to areas where adequate services can be provided” (Goal 2C). “. . . Coordinate with rural service providers to ensure efficient and effective service to rural areas” (Policy 2EE2). County Comp Plan Water Planning Capital Facilities Chapter “. . . assure coordinated and mutually supportive capital facility plans from special districts, cities, and other major non-county facility providers which are consistent with . . . the comprehensive plan (Policy 4H-1). County Comp Plan Water Planning Utilities Chapter “Meeting existing and future water demands throughout the county will require careful planning and a mesh of land use/zoning with supply availability. Some of the planning tools which exist to help accomplish this, include . . . the Coordinated Water System Plan” (p. 5-15). Washington Supreme Court “. . . the County must regulate to some extent to assure that land use is not inconsistent with available water resources. . .” (Kittitas County v. Eastern Washington Growth Management Hearings Board, 172 Wn. 2d 144 (2011), italics in original). Growth Management Hearings Board “. . . the Supreme Court in Kittitas County held that local governments are required to ascertain that there will be adequate potable water supply before building permits and subdivision applications may be approved. That involved, according to the Court, ensuring the County’s land use plan and regulations were not inconsistent with water availability . . .” (Hirst v. Whatcom County, Growth Mgmt. Hearings Bd., Western Washington Region Case No. 12-2-0013, Final Decision and Order (June 7, 2013), p. 22, underlining in original). Growth Management Hearings Board “. . .the County’s Coordinated Water System Plan Update is admitted. The Board finds this exhibit assists the Board in understanding the full scope of the water issues and the information will be necessary or of substantial assistance to the Board in reaching its decision. . . (Hirst v. Whatcom County, Growth Mgmt. Hearings Bd., Western Washington Region Case No. 12-20013, Final Decision and Order (June 7, 2013), p. 8. The Bottom Line The GMA requires integration of land use and water planning. The County Comp Plan encourages coordination of land use and water planning. The Growth Management Hearings Board ruled the County’s land use plan must not be inconsistent with water availability. The WUCC provides a forum, and the CWSP provides a vehicle, to ensure coordination. Questions? Committee/Meeting Function Selection of WUCC Chair General meeting expectations Agendas and meeting summaries Subcommittees for 2000 update Design Standard and Fire Flow Service Area Procedure 40 Committee/Meeting Function Proposed by County/RH2 Voting One vote per WUCC Voting Member A single person can vote for multiple voting members if so designated Formal votes will be taken by roll call and documented Taking Public Comment At least at the end of every meeting 41 Proposed Update Process RH2 will take lead on making revisions to existing CWSP chapters or WUCC may elect to take the lead on any or all chapters. Chapter by Chapter Review Full WUCC will be provided with a chapter once it is preliminarily complete 42 Proposed Update Process (cont.) RH2 and WUCC may propose areas needing WUCC clarification as agenda items. WUCC will discuss and provide guidance to RH2. RH2 will incorporate outcome of discussion. RH2 will provide chapters at least 2 weeks before a meeting where there will be a vote. 43 Proposed Update Process (cont.) WUCC will vote on preliminary acceptance of each chapter. WUCC vote on final complete document before it will be considered approved and before it is forwarded to the County Council. 44 Preliminary Votes explained (RH2 recommendation) When the WUCC votes on language or other elements of the draft updated plan during the course of the process, those votes are intended to indicate support for that element that will remain through the ultimate approval of the plan UNLESS something determined later in the planning process necessitates a change in the earlier vote. At that time, the person or persons wishing to revise or amend their previous vote shall raise the need to revisit their previous vote and provide their reasoning for doing so along with a recommended course of action. 45 CWSP Approval Process WUCC will develop the draft update CWSP reviewed by WCPDS for local consistency Draft will be shared with the WRIA 1 Planning Unit for comment 46 CWSP Approval Process (cont.) WUCC will modify as needed based on comments and vote on the update WUCC will sponsor at least one public meeting prior to submittal to County Council WUCC will modify as needed based on comments and forward to County Council recommending adoption County Council will hold at least one public hearing and consider adoption If adopted, Council forwards CWSP to WDOH recommending approval (RCW 70.116.050(8) and 060 and WAC 243-293-290-300). 47 WRIA 1 Planning Unit Coordination WUCC to request input from the WRIA 1 Planning Unit early in the process. Proposed for December 17 Planning Unit meeting RH2 will present and take input. Will provide final draft document for Planning Unit review and comment prior to submittal to County Council. 48 Data Sharing RH2 will host the following documents for review by WUCC: http://wucc.rh2.com/index.php Meeting Agendas Meeting Summaries and Presentations Vote Documentation Chapters for Review using Track Changes Approved Preliminary Chapters 49 Future Meeting Proposal Third Wednesday of each month Evening meetings (6-8 p.m.?) Next meeting in January and then monthly beyond that. 50 Homework - All Review 2000 CWSP update Consider potential areas where 2000 CWSP update document should be altered. Consider subcommittee(s). Notify Jim or Gary by Dec. 19 for vote in January. 51 Suggestions or Feedback Public Comment 52 Questions? Jim Bucknell jbucknell@rh2.com 425-951-5424 Gary Stoyka gstoyka@co.whatcom.wa.us 360-676-6876 X 50618 Andy Dunn adunn@rh2.com 425-951-5448 Michele Campbell mcampbell@rh2.com 425-951-5394 53 54 Potential Next Steps Some updates to Glossary of Acronyms and Terms Some updates to Section 2 – the CWSP Plan Process History in Whatcom County, Chronology, WUCC Subcommittee(s) Section 3 – WCPDS can start population update work Section 4 – Water Utility Service Area – get updated service area maps, start identifying service area gaps, overlaps Section 5 – start discussion of Minimum Design Standards (subcommittee?) 55 Potential Next Steps (cont.) Section 6 – Start review of Utility Service Review Procedure (subcommittee?) Section 7 -- Satellite Management and Receivership – update for discussion by WUCC Section 8 – Regional Resource Issues – Update Lummi settlement language, case law update, new/replacement well language, municipal water law discussion, water use efficiency requirements, updated EDB & 1-2 DCP pipeline discussion, reclaimed water potential? 56