Department of Ecology News Release

FOR IMMEDIATE RELEASE - Oct. 20, 1999

99-216

Contact: Mary Getchell, Public Information Manager, (360) 407-6157; pager, (360) 534-8590
Fred Rajala, Senior Water Right Examiner, (360) 407-6634

Ecology makes tentative finding on water rights for Okanogan County resort

OLYMPIA - Two surface-water rights that were being considered as potential sources of water for the Arrowleaf resort that has been proposed for Okanogan County have relinquished and are no longer valid, according to a tentative finding by the Washington Department of Ecology (Ecology).

Through its research, Ecology also found that some groundwater rights that are being looked at as another potential source can be used only for family farms, not for a resort.

"We recognize the importance of these water rights to the project," said Keith Phillips, manager for Ecology's Water Resources Program. "We went through an extensive review of the facts. These findings represent our best interpretation of current water law as applied to these rights."

For more than 30 years, various resorts have been planned for the site in the Methow Valley in Okanogan County. In the late 1980s, one of the previous resort proponents applied for several water-right permits and changes to existing water rights.

In 1997, after environmental investigations were completed on the planned resort, Ecology started looking at the water-right applications for Arrowleaf, which is owned by the R.D. Merrill Company of Seattle. Ecology found that two of the larger surface-water rights relinquished and became invalid in 1977. According to state law, with few exceptions, relinquishment occurs when a water right has not been consecutively used for five years.

Ecology also found that three of the largest groundwater rights couldn't be used for a resort because Ecology issued the rights under the Family Farm Act. The act requires agricultural water rights issued after 1977 to be used only for irrigating farms.

"We know this is very disappointing to the company, and we sympathize with their plight," said Phillips. "We've given them some options on how to proceed."

Phillips explained Ecology could now complete the findings on these and other applications for water-right changes, and proceed to public review. If the company prefers, Ecology is willing to work with R.D. Merrill to review other options to get water to the resort, such as changing the resort's design or buying other rights.

"Water availability is a significant issue in the upper Methow. Preserving water for farms and finding more water for fish makes it very challenging for new developments to secure a water supply," said Phillips. "Ecology will continue to work with all parties in the watershed to find a path forward on water for the basin."