Streamflow Restoration Funding Rulemaking
The Streamflow Restoration Funding Rule (Chapter 173-566 WAC) will establish a process and criteria for the Department of Ecology (Ecology) to prioritize and approve grants under RCW 90.94.060.
In its 2018 session, the Washington Legislature authorized $300 million in capital funds over the next 15 years for:
- Watershed planning projects under RCW 90.94.020;
- Watershed restoration and enhancement projects under RCW 90.94.030; and
- Collecting data and completing studies necessary to develop, implement, and evaluate watershed restoration and enhancement projects under Chapter 1, Laws of 2018.
Rulemaking timeline:
- August 15, 2018 – Rulemaking announcement (CR-101 filing)
- Anticipated January 2019 – Proposed rule available for public comment (CR-102 filing)
- Anticipated June 2019 – Final rule adoption (CR-103 filing)
- July 2019 – Rule effective date (Typically 31 days after filing the CR-103 form)
More information is available on Ecology’s website.
Net Ecological Benefits Guidance
The 2018 Streamflow Restoration Act (Act), Chapter 90.94 RCW (ESSB 6091) requires Ecology to determine that a Net Ecological Benefit (NEB) will result from implementing plans and projects as described in the act. In June, Ecology issued Interim Guidance on NEB for planning groups on expedited planning tracks, and for pilot projects being conducted under Section 301 of the act.
The watershed planning groups that are expected to complete their work in early 2019 (Nooksack and Nisqually) and the five Foster pilots (Yelm, Port Orchard, Sumner, Spanaway Water Company, and Bertrand Irrigation District) are subject to the interim guidance. Other watershed groups will be subject to the final guidance document.
Input from workshops, and from meetings with interested organizations and individuals, will be used to prepare the final guidance. Ecology anticipates publishing the final NEB guidance in early 2019.
More information is available on Ecology’s website.
Public Workshops
Ecology will host two-hour public workshops across the state in October. The first hour will cover the funding rule, followed by a discussion of the NEB guidance during the second hour.
Carl Schroeder sits on the Water Resource Mitigation Joint Legislative Task Force to help develop a permanent approach to the use of mitigation as part of water rights applications. We would very much like to keep your specific issues in mind. Please share any comments with Carl and Shannon McClelland.
We continue to welcome feedback from additional cities that have future water needs if you are concerned about your legal ability to secure water.