CHEHALIS BASIN PARTNERSHIP Chehalis Tribe Lucky Eagle Casino, Chehalis Rooms Rochester, Washington March 23, 2012 9:30 a.m. Meeting Summary MEMBERS, ALTERNATES & GUESTS PRESENT Arnie Martin, Grays Harbor Audubon Society Bonnie Canaday, City of Centralia Bourtai Hargrove, Thurston County Water Conservancy Board Chanele Holbrook-Shaw, Citizen, Thurston County Chris Hempleman, Dept. of Ecolgoy Chris Stearns, Thurston County PUD Chuck Turley, WA Dept. of Natural Resources Commissioner Bill Schulte, Lewis County Commissioner Terry Willis, Grays Harbor County Don Loft, BASES Environmental Gary Waltenburg, Citizen, Grays Harbor County Glen Connelly, Chehalis Tribe Herta Fairbanks, City of Chehalis Janel Spaulding, Chehalis Basin Partnership Jill Van Hulle, Pacific Groundwater Group Jim Hill, Citizen, Lewis County John Lucas, Lewis County Farm Bureau Julie Balmelli-Powe, Lewis County Farm Bureau Kahle Jennings, City of Centralia LaJane Schopfer, Mason County Lee Napier, Grays Harbor County Mark Swartout, Thurston County Nahal Ghoghaie, BASES Environmental Patrick Wiltzius, City of Chehalis Peggy Clifford, Dept. of Ecology S. Meuser, Thurston County Water Conservancy Board Terry Harris, City of Chehalis SUMMARY OF ACTION ITEMS: Approval of Meeting Summary Next Steps for Water Sharing Discussion February 24th meeting summary approved. The group discussed the water banking Q&A sheet and added a few more questions to be answered at the next meeting. GENERAL PARTNERSHIP BUSINESS Discuss February 24th Meeting Summary: No changes were suggested. Meeting summary approved. Quorum requirement of 10 met: Chehalis Tribe, City of Centralia, City of Chehalis, Citizen-Grays Harbor County, Citizen-Lewis County, Citizen-Thurston County, Dept. of Ecology (State Agency), Grays Harbor County, Lewis County, Lewis County Farm Bureau, Mason County, Thurston County, Thurston PUD. MEETING AGENDA 1) CBP Work Plan 2012 (Water Banking Q&A Discussion): The STC invited Peggy Clifford and Vicki Cline from Dept. of Ecology to their last meeting to help answer some of the questions related to Water Banking that the CBP and others generated at past meetings. Chehalis Basin Partnership Meeting Summary March 23, 2012 Page 2 of 6 Janel worked on putting together the Q&A sheet on water banking, however there are still a few questions unanswered. Also the copy you all received in your mailed in packets is not correct. Janel sent out a revised version on Tuesday with the corrected sheet for us to review. Mark Swartout discussed the CBP’s Detailed Implementation Plan and provided context to the discussion of water banking. The CBP adopted the Watershed Management Plan in 2004 and the DIP in 2007. One of the interim milestones in the DIP calls out keeping agriculture and forestry on the landscape. The CBP held a strategic planning session November and discussed the DIP and prioritized a list of projects for the staff to work on in 2012. Water banking was a top priority project identified at the CBP’s November strategic planning session. We are still in the phase of framing the issue and figuring out how real the need is in the Chehalis Basin to set up a water sharing mechanism. Answering these questions will help lay the foundation for when we meet with other interested parties. The overall goal is still to keep Ag on the landscape and if setting up a water bank is one solution then we should pursue it. Our current water law doesn’t easily allow for a day to day transfer but that doesn’t mean that legislation can’t be put forward. Peggy Clifford believes the more we investigate this we will likely come up with one or two options and will need to decide which works best; will also likely require some new legislation. The Q&A sheet was reviewed and discussed together as a group. Peggy Clifford attended the meeting from Dept. of Ecology to help answer additional questions or explain in more detail some of the answers we have already gathered. 1) Family Farm Water Act? Clarify people affected by interruptions in 2007. More than 12 water rights holders were interrupted in each WRIA in 2007, but there are only 12 or so water rights holders in each WRIA 22-23 that fall under the Family Farm Water Act. Clarify the FFWA is a separate classification/regulation of surface water rights. 2) Who has an interruptible water right? Clarify day by day use and not all water rights were interrupted; they were only interrupted if the irrigator was planning on watering on the day of the interruption. The most severe interruptions might have been in 2000-2001, but water right interruptions were not enforced during that time period. 2007 was the first year that water rights holders were notified of potential interruptions. Are there any studies about linking drought and fish kills together? It’s difficult to make the link because fish cycles are on different cycles than an annual bases and tracking the fish kill with one specific event is difficult. 3) Enforcement/Notification? No other questions or follow-up for this question. 4) Can a groundwater right supplement a surface water right? No other questions or follow-up for this question. 5) Does a surface water right have the same value as a groundwater right? There are some surface water rights that are not interruptible. Chehalis Basin Partnership Meeting Summary March 23, 2012 Page 3 of 6 What does 100% reliable mean in terms of groundwater valuation? Add more information about location of the water right in the basin being an important factor of value. 6) What are some areas of the basin that would be ideal for sharing water? More information needed about the real issue of interruptible water rights in the basin and how it impacts local agriculture. 7) If there is drought conditions will a rights holder be subject to relinquishment? The state or governor declares a drought and can declare early on in the year. 8) Water sharing structure in northern county? No other questions or information related to this question. 9) Where are water banks working the state? Peggy mentioned more details about the “Super Ditch” example in Colorado, where a group of farmers got together to decide who would fallow their lands within their irrigation district. The irrigation districts were leasing the water rights to the City of Los Angeles, CA and this was causing a lot of farms to go away. This type of program would require an established irrigation district to help determine who would fallow during a particular season. There is always the option of approaching the legislature to create a new law or amend existing laws around water banking, similar to what the Walla Walla did. 10) Is there a mechanism that would allow a water right to go into a bank so it is not relinquished? No other questions or information to related to this question. 11) Is there a mechanism that would allow water to be shared upstream and downstream? Jill Van Hulle mentioned that there are mechanisms in basins like the Walla Walla and the Kittitas where water has been shared upstream and downstream. Ecology has allowed leases or transfers to occur from downstream to upstream in those basins. Mitigation is still required. 12) Where does most Washington water law originate? No other questions or information related to this question. 13) If you move water into the Trust Program does it have to be “wet” water? Wet water is everything you use, all consumptive use and all water that is put to beneficial use. What you have on paper might not be what you have actually used. When you put the right into the Trust Program Ecology wants to know the validity of the right, so that is a requirement. Length of validation was brought up. For a “temporary” donation to the Trust Program, Ecology will use 5 consecutive years of validation. However, if a permanent donation or a transfer is made it could potentially be the entire length of the water right-from when it was issued to present day. 14) How much of a problem has interruptible water rights been in the basin? Need to figure out how to identify the problem. Other factors, such as relinquishment might need to be addressed first. Water banking would be one way of dealing with relinquishment in the fact that a water right could be transferred or leased so it is not relinquished. Chehalis Basin Partnership Meeting Summary March 23, 2012 Page 4 of 6 Next Steps for Water Banking: The CBP suggested inviting the conservation districts to the next STC meeting to help identify the problem in their areas. The City of Centralia has agricultural water rights, and cannot grow any agriculture crops as a City. The City of Centralia could put their water rights in the Trust Program, but they would be willing to consider other options, such as setting up a water bank with the CBP and other interested parties. City of Centralia also expects to be required to remove their effluent out of the river, and then would be required to mitigate for that loss. The City of Centralia is considering their water rights as mitigation in the future, when it gets to that point of removing their effluent out of the river. The CBP and City of Centralia could create a smaller bank or “banklet” with the City of Centralia’s water rights to be used in a pilot project. 2) Reminder of April and May CBP Meeting Dates: The April and May CBP meeting dates have been moved up one week. The April CBP meeting will be held on Friday, April 20th, and the May CBP meeting will be held on Friday, May 18th. The meeting room for our regularly scheduled April meeting is not available. The Memorial Day holiday weekend falls on the same day as our regularly scheduled May CBP meeting. 3) 2012 Chehalis Watershed Festival Planning Update: The Chehalis Watershed Festival Committee met on Monday and discussed some early planning for the Chehalis Watershed Festival. As a reminder the Festival is scheduled for Saturday, September 15th at the Morrison Riverfront Park and Rotary Log Pavilion. We have a little over $5,000 in the Chehalis Watershed Festival account which should be more than enough to cover this year’s expenses-Thanks to the Chehalis Tribe donation of $5,000. We are always looking for new exhibitor and activity and music ideas so if you have any ideas please let me know. 4) Chehalis Tribe Natural Resources Department Projects: Glen Connelly gave a powerpoint presentation on some recent Chehalis Tribe projects. Wickett Project: removed existing dikes along Chehalis River to allow for natural flood plain function. Also replaced a culvert with a bridge under Lonborg road. This is an access road that is not used frequently or by the public. This project was partially funded by the Salmon Recovery Funding Board. South Bank Road Culverts: a series of 3 undersized culverts will be replaced under South Bank Road in Oakville. Previous flooding washed out North Bank Road. The 3 existing culverts will be replaced with at least 8 culverts, improving flood flow. Stream Flow Augmentation/Groundwater Recharge Project: the tribe built storage ponds off of Garrard Creek that will be used as a groundwater recharge project. During high flows and rain events the pond will fill up, and during the drier summer months the water will infiltrate back into the soil to provide groundwater recharge for the area. Riparian Planting along Chehalis River: the tribe has been replanting riparian corridors along the Chehalis River. They have hired summer help to do this project, and also used a planting Chehalis Basin Partnership Meeting Summary March 23, 2012 Page 5 of 6 machine, which digs a trough and for the trees to be planted. Then the trough is covered back up with soil as the machine moves along. Invasive Species Removal: the tribe has been removing aquatic invasive species, including Brazilian Elodea from the mainstem Chehalis River. They use manual dive teams to remove the elodea and collect it in burlap bags. Bramer Creek Culvert: a small, undersized culvert was replaced along Bramer Creek, with a steel arch culvert. Juvenile Salmon Surveys in Grays Harbor: the Chehalis Tribe donated their airboat and staff time to be used for the Grays Harbor Juvenile Fish Use Assessment, being conducted by the Wild Fish Conservancy. The first year of the study just wrapped up with a report completed. The report can be accessed here: http://wildfishconservancy.org/projects/grays-harbor-juvenile-salmon-fishcommunity-study. 5) Monthly Organizational Presentation-Grays Harbor Audubon Society: Arnie Martin, President of the Grays Harbor Audubon Society, gave a presentation on the upcoming Shorebird Festival, birding opportunities and the birding maps, and another potential project impacting the Grays Harbor area: coal export. A new potential project to ship millions of tons of coal of out Grays Harbor is being proposed. The Port of Grays Harbor is looking into building a coal export terminal at an existing terminal in the Port. This coal terminal could stockpile 5 million metric tons of coal per year. This would require 1 coal train in and out of Grays Harbor per day per year. Other coal export facilities are being proposed in Bellingham and Longview, and in Coos Bay Oregon. There are some concerns with transporting, stockpiling, and then exporting the coal from the proposed Grays Harbor Terminal. First, the proposed terminal is located right next to the Grays Harbor National Wildlife Refuge, a sanctuary for birds and wildlife, and aquatic animals. Also, the export facility would be located near Hoquiam High School and other schools and parks. Coal dust is a concern, especially during the wind storms that frequently occur on Grays Harbor. Increase in traffic congestion is another concern, especially as it relates to railroad crossings and blocking access for emergency response vehicles. The coal trains would be over 1 mile long, and moving at a slow speed through the communities along the tracks would block access in emergencies. There are numerous health risks related to coal transport and export for the communities that lie along the tracks and where the coal is stockpiled. A group of doctors in Bellingham have joined forces to highlight all of the health risks (there are over 100) associated with coal export. There is a new group forming in Grays Harbor to help educate and protect the communities and harbor from coal: Citizens for a Clean Harbor. Arnie wanted to make it clear that they would support a new terminal and increased business at the Port of Grays Harbor, just not a business that exports coal. Finding a clean, and profitable resource to transport and export might be difficult but the risks of exporting coal are too great. 6) Agenda Items for April 20th and Future Meetings: -Water Banking Q&A Update -Presentation from Bob Woolrich at Dept. of Health about Water Quality and Shellfish Industry -Monthly Organizational Presentation: Kim on Centralia Stream Team Chehalis Basin Partnership Meeting Summary March 23, 2012 Page 6 of 6 May Meeting: -Presentation from Water Quality Monitoring Students -Presentation from Brent Bowers a NWS on the new Doppler radar June Meeting: -Presentation from WCB of Thurston County and possibly Lewis County -Presentation from Chuck Wallace on Tsunami Debris ADJOURNMENT With there being no further business, Chair Bonnie Canaday adjourned the meeting at 12:20pm.