AWC has been very engaged in the resolution of the two major Washington Supreme Court cases that have upended management of the state’s water resources, the Hirst and Foster cases. We were actively involved in the negotiation and passage of SB 6091, which set out a process for watershed groups to develop plans to offset well-based water use over a long period of time. SB 6091 also created a task force and authorized several pilot projects to create legal authority for permitted water uses that rely on mitigation.

The Department of Ecology (Ecology) is developing their interpretations of some key elements of SB 6091 that will underpin both the Hirst and Foster “fixes.” At the request of AWC and the Washington State Association of Counties (WSAC), Ecology hosted an all-day workshop with city and county natural resource managers, planners, and elected officials. The purpose of the meeting was to provide input to the agency on how to consider a requirement that watershed plans and water permits that rely on out-of-kind mitigation result in a “net ecological benefit.” There was significant discussion of options for the agency. Some themes that came up repeatedly:

• There is need for case-by-case flexibility and not a one-size-fits-all solution.
• Acknowledge and prioritize existing local plans and priorities.
• Build in enough flexibility that local conditions and circumstances can drive solutions. For example, many of the impacts cannot possibly be directly mitigated because they involve such smaller quantities of water or the impacts are so diffuse. There must be a way to move forward in those situations with consideration of relative impact and habitat benefit.
• Future water needs of municipal purveyors must be considered as investment packages are put together to address rural water use. Consideration must be given to whether selected mitigation projects could also offset future water needs of municipalities and if there is a role for them to participate in financing to address their mitigation needs.

The Foster task force is in the process of kicking off – legislators have begun talking amongst themselves and most have been appointed. House Democrats appointed to the task force include Rep. Joe Fitzgibbon (D-Burien) and Rep. Steve Tharinger (D-Sequim). Rep. Vincent Buys (R-Lynden) and Rep. Jacquelin Maycumber (R-Republic) will represent House Republicans on the task force. It appears that Senate Republican members will be Sen. Judy Warnick (R-Moses Lake) and Sen. Jim Honeyford (R-Sunnyside); and the Senate Democrats will appoint Sen. Kevin Van De Wege (D-Sequim) and Sen. Marko Liias (D-Edmonds).

Our understanding is that the legislators will be meeting among themselves first, and the larger group will convene for the first time towards the end of June. We are excited by the opportunity to make progress on a pressing issue for cities that do not have enough water secured for future growth, and are hopeful that this workgroup can help make progress. Please contact Carl Schroeder if you would like to engage on our efforts on these issues.