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FOR IMMEDIATE RELEASE - March 16, 2000
00-039
CONTACT: Mary Getchell, Public Information Manager, 360-407-6157;
pager, 360-534-8590
Ken Slattery, Senior Policy Analyst, 360-407-6603
OLYMPIA - With continuing water shortages and declines in salmon runs in many parts of Washington state and a firm reminder from a Superior Court judge, the Department of Ecology (Ecology) is proposing a rule revision to give people better guidance on how to effectively and efficiently meter or measure water use.
The rule relates to a 1993 state law that substantially revised requirements for water metering to measure and record the amount of water being diverted or withdrawn at a specific location. Ecology is proposing to amend the existing rule the agency first adopted in 1969 to comply with the changes in the law.
"The data recorded are very valuable in determining how much water is actually being used," said Keith Phillips, who manages Ecology's Water Resources Program. "Metering water is part of protecting the rights of those who use water, as well as protecting the environment."
By law, most new water rights Ecology issues must include a requirement to measure and record how much water the farm, municipality, industry or other group is using. The law requires new water users to meter all new diversions from lakes, rivers and springs.
It also directs Ecology to require meters for existing surface-water withdrawals of one cubic foot per second (450 gallons per minute) or greater. The law directs meters for existing water uses involving waterways that support salmon runs that have been designated as "depressed or critical."
In May 1999, environmental and fishing organizations sued Ecology for allegedly not properly enforcing the metering law. In February 2000, Thurston Co. Superior Court issued a preliminary ruling that affirmed Ecology's current practices for metering new water rights. The court said Ecology needs to require metering on all new surface-water diversions and ground-water withdrawals near streams with declines in fish runs. The judge also directed Ecology to update the metering rule.
Due to court calendar conflicts, Thurston Co. Superior Court has postponed the trial scheduled for next week to hear the remainder of the case regarding the amount of effort Ecology must devote to require metering for existing surface and ground-water rights. This could include up to 126,000 water-right claims, permits and certificates in areas with "depressed or critical" salmon runs.
"If the judge orders Ecology to require metering of existing water rights, that will create an enormous budget dilemma for Ecology, since the legislature has never provided funding to do that work," said Phillips. "We believe metering is important, but we need to prioritize metering work along with the many other demands for water management."
Copyright © Washington State Department of Ecology. See http://www.ecy.wa.gov/copyright.html.
