DOE adjusts Grays/Elochoman, Cowlitz rule timeline

Based on the local watershed planning unit’s need for more time, the Washington Department of Ecology (Ecology) will allow more time for the rule making process in the Grays-Elochoman and Cowlitz watersheds.

Instead of adopting the two water resource management rules by mid October, Ecology will let the current rule time line run out and expects to start again in 2011.

Ecology uses locally developed watershed plans to write water resource management rules. The plans include information provided by local governments about growth and how much water is needed throughout the watershed to accommodate anticipated growth.

Ecology introduced the WRIA 25 and 26 rules in spring 2010. The public reacted strongly to language about Ecology’s legal authority to require meters and the amount of water reserved for individual domestic wells. Ecology then asked the planning unit to review the watershed plan for possible revisions. Their review is still under way.

Wahkiakum County Commissioner Blair Brady and David Vik, Cathlamet public works superintendent, have served on the local board. Both remarked this week that the board had, for the second month, had 100 or more members of the public in attendance, with public comment taking up much of the recent four-hour-long meeting.

"We wanted public comment and we got it," Brady said Monday. "We made a motion to ask Ecology to suspend the plan. The problem with the plan is that the numbers are all screwed up. I think this effectively kills it (the plan)."

Vik, who has been representing the Town of Cathlamet on the board for six years, commented that delay means that Ecology will delay further action on the topic for a long time, and that language about monitoring or controlling wells on private lands was dropped from planning consideration.

The town's water rights are in good shape, he added. "All the town's water rights supersede any rule making," he said.

In July, Ecology announced it would remove language about metering private wells because it had been misinterpreted.

Ecology will continue to accept comments on the current rule drafts through August 31. If and when revised rules are introduced, all comments on these drafts will be carried forward into a new comment period.

“The local planning unit’s work is key to this rule process,” said Tom Loranger, Ecology’s regional water resources manager. “Without their recommendations ready to go, there won’t be enough time before October to revise the rules, hold workshops and do all the work needed to sign these rules.”

State agencies follow specific guidelines when making rules, including a 180-day clock that begins with filing draft language for completing the process. With that window closing October 18, Ecology plans to let the clock run out and will likely re-file at some point in the future.

Loranger added that “giving more time to the process respects the local investment in watershed planning and the public’s right to participate in state rule making.”