Water settlement between Washington, Lummi Nation and U.S. approved

Washington State Department of Ecology

Department of Ecology News Release - November 21, 2007

07-348

Water settlement between Washington, Lummi Nation and U.S. approved

BELLINGHAM – Washington’s first-ever tribal-state-federal water rights settlement has received federal court approval in Seattle. U.S. District Court Judge Thomas Zilly signed a judgment and order approving the settlement, negotiated by the Washington State Department of Ecology (Ecology), the Lummi Nation, the U.S. Government, and non-tribal water users – including water associations and Winning Is Necessary (WIN) – to resolve a long-standing water conflict on the Lummi Reservation.

The dispute centered on how water should be allocated on the Lummi Peninsula portion of the Lummi Reservation, northwest of Bellingham. The peninsula, which relies on a freshwater aquifer for its water supply, is bounded by the Strait of Georgia and Bellingham Bay. Over-pumping of the aquifer poses a risk of saltwater intrusion into the aquifer.

In approving the settlement, the judge wrote, “the Settlement Agreement exhibits a balance rarely seen in litigation concerning a precious and potentially scarce commodity; it preserves the resource rights of the Lummi Nation, while guaranteeing existing users a sufficient amount of water for their needs and making water available for a limited number of future users.”

The agreement recognizes that approximately 900 acre-feet of water can be used each year without risking saltwater intrusion. This makes water available to all existing users and some future uses without risking saltwater intrusion. The Lummi Nation will allocate and monitor the use of this water by tribal members and by non-members who receive water service from the Lummi Nation. Ecology will administer about 120 acre-feet per year of the available water for use primarily by non-tribal property owners.

"The Lummi Nation is pleased that we have been able to co-operatively resolve this vital issue for a portion of our Reservation,” said Chairwoman Evelyn Jefferson. “We look forward to solving similar issues in the rest of the Reservation and in the Nooksack basin."

“I thank the Lummi Nation and the local water users for coming together to make this happen,” said Ecology Director Jay Manning. “For non-tribal water users, this means an end to the uncertainty that has shadowed the use and enjoyment of their property for many years. For all residents, tribal and non-tribal alike, this agreement guarantees sustainable management practices to protect the resource now and into the future.”

Other provisions of the agreement include:

A court-appointed Water Master will resolve any water conflicts that may arise in the future.
Wells on the Ecology allocation will have set withdrawal limits based on the amount of water allotted for the state to administer. Standards to protect against saltwater intrusion will determine limits for wells on the Lummi allocation.
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.
Well drilling will require approval from the Lummi Nation or Ecology, whichever is the applicant’s water-use authority.

An acre-foot is almost 325,900 gallons. It’s a volume one foot deep over an acre of area.

The court’s approval puts the settlement agreement into effect immediately and authorizes the tribe and state to begin the coordinated management program.

###

Media Contacts:
Larry Altose, Ecology media relations, 425-649-7009, pager 206-663-1785
Evelyn Jefferson, Chairwoman, Lummi Nation, 360-384-7140 J.
Timothy Slater, counsel for water associations, 360-734-5980
Gene Knapp, counsel for WIN, 360-376-4579

For more information: http://www.ecy.wa.gov/programs/wr/rights/us_lummi_ecy.html