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Department of Ecology News Release - November 2, 2006
06-223
BELLINGHAM – The Department of Ecology (Ecology), the Lummi Nation, the U.S. government, and other water users have agreed to settle a long-standing water conflict on the Lummi Peninsula.
This agreement, if approved by the federal court judge, will settle the dispute on the Lummi Reservation between non-Lummi using water under state laws and the tribe and tribal members using water under federal and tribal laws. Under the agreement, coordinated state and tribal management of water will ensure a sustainable resource for all residents of the Lummi Peninsula.
Residents of the peninsula, located between the Strait of Georgia and Bellingham Bay, get their water from a freshwater underground aquifer. This aquifer is surrounded on all sides by salt water. If too much water is pulled from the aquifer, there is a potential for salty water to pollute the fresh water. The quality of the water is directly affected by the amount of water used.
The parties settled on the basis that the aquifer can support the withdrawal of approximately 900 acre feet per year of water and still maintain water quality standards.
Under the agreement, water use from the state allocation will be monitored by Ecology, and water use from the Lummi allocation will be monitored by the Lummi Nation. The state allocation is 120 acre feet per year, or approximately 13 percent of the total amount available for withdrawal. The Lummi Nation will monitor the remainder of water to be used by tribal members and by non-Lummi who receive water service from the Lummi Nation. About 95 acre-feet of water must be served by the Lummi Nation to non-Lummi customers, or about 11 percent of the total water available, so the amount of water to be used by non-Lummi under both the Ecology allocation and Lummi allocation is about 24% of the total available.
In order to monitor both water use and water quality, all residents with a well will be required to meter their wells and provide water quality sampling data.
“This agreement is the result of a collaborative commitment by Ecology, the Lummi Nation, the United States and many of the private property owners to maintain negotiations until we could ensure an adequate and healthy water source for all current residents of the Lummi Peninsula,” said Ken Slattery, Ecology’s Water Resources Manager. “This settlement puts in place management measures that will protect the groundwater, now and into the future.” Signed by the U.S. government, Lummi Nation, Ecology, Whatcom County and lawyers representing many non-Lummi landowners, this agreement is a significant step in United States and Lummi Nation vs. Washington Department of Ecology. It will now be presented to the United States District Court for the Western District of Washington. If approved by the Court the agreement will be considered final and effective.
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Media contact: Shannon Sullivan, Public Information Office, 360-738-6247, ssul461@ecy.wa.gov
Other links: http://www.ecy.wa.gov/programs/wr/rights/us_lummi_ecy.html
Copyright © Washington State Department of Ecology. See http://www.ecy.wa.gov/copyright.html.
