Lummi Peninsula Groundwater Settlement Agreement

United States, Plaintiff: Lummi Nation, Plaintiff-Intervener: vs. Washington Department of Ecology, et al. Cause No. C01-0047Z

The final appeals to the Lummi Peninsula Groundwater Settlement Agreement were resolved on December 11, 2009 and all aspects of the Agreement are now in effect.  This includes the requirement for all existing non-metered wells in the Case Area to install a water meter within 180 days

Meter Installation

All existing non-metered wells in the Case Area must install a water meter by June 9, 2010.  There are specific requirements regarding the type of meter you install and how you need to install it:

Where can I get a meter?

You can purchase your meter from any of the following locations:

HD Supply
3735 Irongate
Bellingham WA 98226
(360) 734-4210
  Lummi Water & Sewer District *
2156 Lummi View Drive
Bellingham WA 98226
(360) 758-7167

* The Lummi Water & Sewer District uses these same meters and purchases them at a bulk discount price.  In the spirit of cooperation, they’ve offered to sell their spare meters to State Water Users at their group discounted price.

Federal Water Master's Annual Reports

The Settlement Agreement requires the Federal Water Master to issue an annual report of the activities of the Federal Water Master’s office.  Each report summarizes requests for action, decisions or orders issued, and enforcement actions taken during the fiscal year.

Settlement Agreement - Calendar of Events

Supply Wells

This calendar provides a reminder for Supply Well owners/managers in the Lummi Peninsula Case Area of many key tasks and due dates set in the Settlement Agreement.  Please start using it today for this and all future water years.  Note that this calendar does not contain all dates and events outlined in the Settlement Agreement.  Please review the Agreement for a list of all timelines and requirements.

Small Wells

This calendar provides a reminder for people operating Small Wells in the Lummi Peninsula Case Area of many key tasks and due dates set in the Settlement Agreement.  Please start using it today for this and all future water years.  Note that this calendar does not contain all dates and events outlined in the Settlement Agreement. Please review the Agreement for a list of all timelines and requirements.

Chloride Testing for Wells under the Lummi Peninsula Settlement Agreement

The Settlement Agreement specifies that all Eligible Landowners using groundwater from the Department of Ecology′s (Ecology) allocation will need to sample their well water for chlorides, beginning August 2008. This publication provides information on who, where, why, when, and how the chloride sampling is to occur.

As a part of Section V.H.3 of the Lummi Peninsula Settlement Agreement, Ecology and the Lummi Nation annually conduct monitoring visits (“spot checks”) of all state- and Lummi-regulated wells in the Case Area.  At a minimum, all supply wells and 10% of all small wells are spot checked.  Monitoring visits include either observing the Eligible Landowner perform their chloride sampling or having Ecology and/or the Lummi Nation collect a chloride sample.  The following are data collected and reported:


Background

In January 2003, the United States, in its own right and on behalf of the Lummi Indian Nation, commenced suit in United States District Court for the Western District of Washington against landowners who owned wells on a portion of the Lummi Reservation and against the Washington State Department of Ecology (Ecology).  The Lummi Indian Nation intervened in the suit as a plaintiff, and the Court ordered the plaintiffs to join all non-Lummi landowners within the litigation area.  The plaintiffs ask for declaratory and injunctive relief concerning the Lummi Indian Nation’s right to groundwater within the litigation area.

Conclusion of litigation at district court

November 14, 2007 Update

On November 2, 2007 the Court filed an Order Conditionally Approving Settlement Agreement and a Draft Judgment and Order. The Court ordered the Settling parties to file an amended Settlement Agreement by November 13, 2007.

The Settling Parties filed a Notice of Filing, along with the revised Settlement Agreement and all exhibits, on November 13, 2007.

The Court set November 16, 2007 as the new noting date for the Motion to Approve Settlement Agreement.