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Department of Ecology News Release - December 30, 2009
09-299
YAKIMA – In a session before Kittitas County commissioners today, the Washington Department of Ecology (Ecology) will present a proposal to allow new groundwater withdrawals to occur in Upper Kittitas County without requiring mitigation for at least 150 days once an emergency rule curtailing new groundwater uses expires on March 25, 2010.
County commissioners will consider the proposal during their regularly scheduled meeting at 11 a.m. Wednesday, Dec. 30, 2009, in Ellensburg.
The proposal, outlined in a proposed Memorandum of Agreement (MOA), would provide a window of opportunity for groundwater projects to move forward for much of the spring and summer of 2010 without having to obtain a share of a senior water right to offset groundwater pumping.
If the agreement with the county is finalized, Ecology would allow an existing moratorium to expire without immediately replacing it. This would alleviate hardships on those landowners whose plans may have been interrupted by a July 16, 2009, emergency rule that halted new groundwater uses unless they were mitigated by senior water rights.
“We think one 150-day window during the spring and summer of 2010 strikes the right balance. It will allow those projects in process to be completed without delay, and it provides time for our water banking program to become more robust,” explained Tom Tebb, Ecology’s central regional director, who has led negotiations with the county over the last two years. “Developers also will have more time to plan for new rules that are likely to go into effect around Sept. 1, 2010.”
During the 150 day period, the water from any new wells drilled would have to be put to “beneficial use” in that time frame. New withdrawals could still be subject to future curtailments due to conflicts with senior water right holders.
As part of the agreement, Ecology expects to propose a rule imposing a new moratorium on new groundwater withdrawals in Upper Kittitas County for the areas described as the valley floor sand and gravel and underlying bedrock areas unless such new withdrawals are mitigated.
This new moratorium would be proposed to take effect at the conclusion of the 150-day window. Ecology’s proposed rule – expected to be released this spring - would be the subject of public notice and comment before being finalized. The MOA proposal calls for Kittitas County to follow Ecology’s rules for what development may occur under the groundwater permit exemption provision of state law when making land-use permitting decisions. Those rules are spelled out in the current emergency rule.
At the same time, the county and Ecology will commence a study to better understand the condition of aquifers in the bedrock areas of Upper Kittitas County.
Ecology imposed the emergency rule in July in response to concerns that, unless mitigated, increased groundwater pumping in Upper Kittitas County threatens to impair senior water right holders’ access to water downstream and could impact stream flow levels for fish.
The new groundwater users also put themselves at risk of being shut off during drought or when water supplies in the Yakima River Basin are rationed to more senior water users.
In November 2009, the rule was extended 120 days to March 25, 2010.
The state has launched a water market to provide buyers and sellers an opportunity to make water-right transactions to offset new groundwater uses. In addition, mitigation water will soon be available through Suncadia Resort. More information is available online at: www.ecy.wa.gov/programs/wr/cro/kittitas_wp.html.
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Media Contacts:
Tom Tebb, Department of Ecology Central Regional Director, 509-574-3989
Dan Partridge, Water Resources Communications Manager, 360-407-7139
Copyright © Washington State Department of Ecology. See http://www.ecy.wa.gov/copyright.html.
