GA Advocate
Dec. 14, 2011, Issue

UPCOMING MEETINGS:

BELLINGHAM PLANNING COMMISSION
Thursday, Dec. 15, 7 p.m. in City Council chambers – a second work session on the proposed rezone to 113 acres in Areas 5 and 6 of the Samish Neighborhood. For a staff report on the rezone, click here.

WHATCOM COUNTY PLANNING COMMISSION
Several meetings are planned on new stormwater and land clearing rules in the Lake Whatcom Watershed (to comply with DOE, which was saying county wasn’t doing enough to protect the lake):
• 1:30-4 p.m. Tuesday, Dec. 20 – ad hoc technical review of the proposal, Garden Room at the Civic Center. Civil engineers are invited to speak; others may attend to watch. Please RSVP county planning staff member Cathy Craver, 676-6907 or ccraver@co.whatcom.wa.us.
• 4-6 p.m. Monday, Jan. 9 – full Planning Commission work session on the proposal.
• 6:30 p.m. Thursday, Jan. 12 – Planning Commission hearing.
To see the proposal, click here.

BELLINGHAM CITY COUNCIL
Reorganization meeting at 1 p.m. January 9.
Swearing in of elected officials will be held on that date at 7:00 pm in City Council Chambers.

WHATCOM COUNTY COUNCIL
Tuesday, January 10, 7 p.m. – next regular meeting

NEXT GAC MEETING:
5 p.m. WEDNESDAY, Dec. 21, Spike Room
2011 accomplishments and 2012 goals
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GAC – Jan. 12 on WATER RIGHTS
Skip Richards of Richards Catalyst Consulting has asked to make a presentation to GAC on Jan. 12 about water rights in Whatcom County. Richards is a member of the Planning Unit that drew up the WRIA 1 (Nooksack River) watershed plan (see below); he was leader of the Non-Government Water Systems caucus that participated in that. Richards has followed water rights issues in Washington for years. His summary and concerns over the situation are being mailed directly to GAC members.

General background, compiled by Linda Twitchell from several phone interviews and online sources:
In 1998, the state passed the Watershed Management Act (RWC 90.82). Under that act, the Nooksack watershed was designated as Water Resource Inventory Area No. 1 (WRIA 1). A WRIA 1 Joint Board was created, including representatives of the Lummi Nation, Nooksack Indian Tribe, City of Bellingham, Whatcom County, and Public Utility District No. 1. That board created a Planning Unit including several caucuses that participated in the planning effort. The land use caucus was lead by BIAWC. A Watershed Plan was approved in 2005.  In June 2007, a WRIA 1 Detailed Implementation Plan (DIP) was approved, to implement actions and strategies in the watershed plan.  To see the documents, click here.

The Planning Unit that worked on this has never officially been disbanded, although its last meeting was in 2009. The Joint Board has continued meeting about four times a year.

Two pilot projects set up by these parties have been in negotiations – to determine tribal instream and consumptive water rights regarding 1) Bertrand Creek, and 2) the Nooksack River (all three forks) upstream from Deming.  The idea, according to PUD General Manager Steve Jilk, was to reach agreement between state and tribes on what amount of water would be left in the streams, and how much surface or ground water would be available to tribes on reservations. The negotiated agreements then were to be taken to the federal government for its blessing.

The Nooksack River negotiations officially involved the Lummis, Nooksacks, DOE, and City of Bellingham, although the PUD and county participated for years, according to Jilk.  About a year ago, the county and PUD were excluded from those meetings, he said. About two weeks ago, it became public that last summer the tribes went to the federal government, asking for federal intervention to begin "declaratory action” to determine their instream and consumptive water needs in the entire basin (not just the pilot project areas).  Apparently, the other parties in negotiation with the tribes – Bellingham and DOE – were not aware that such a request had been made.

Meanwhile, the PUD has requested of the county just under $400,000 in EDI money, for five years of planning to 1) update the county’s existing Coordinated Water System Plan (documenting existing water use by associations or water-sewer districts with connections of 15 or more, and municipal water supplies), and 2) to create a countywide "water supply plan” that looks to the future and speaks to the economics of local water supply. Jilk says the water supply plan will document who needs what, largely according to municipalities’ comprehensive plans, but also will consider how many exempt wells are in the county and what their supply and its capacity are, and will consider agricultural water use and needs. The idea, he says, is to create a comprehensive picture of current and future needs here.

The County Council has approved EDI money for this project.  Public works and the PUD are now working on the scope of the project – and will go back to the council with a recommendation some time during the first quarter of 2012, according to Jon Hutchings, assistant director of county Public Works.  According to Jilk, discussion involves who should be in charge of the study, who will referee the process – the PUD, county staff, or another entity.   A group called the Small Cities Partnership (mayors of the local towns) actually came up with the idea of using EDI money for this effort, and is participating in the EDI project discussion, meeting as the "out-of-stream users group” (BIAWC is now on the mailing list).  They normally meet monthly, on third Tuesdays, and may meet next in January.  Much of this organizational work, Jilk said, awaits discussion with the new county executive, who will help decide the county’s involvement and direction. Anyone with comments on the project is welcome to send them to Hutchings at jhutchin@co.whatcom.wa.us.

Jilk notes that this EDI planning effort can go on regardless of what the federal government might decide about the tribe’s declaratory action request, since any kind of court settlement should look at both the tribes’ needs and the needs of others – which is the goal of the water supply plan. 

Additional note: Kittitas and Skagit counties are dealing with a situation that does not apply to Whatcom County, according to Jilk. New exempt wells there reportedly are being denied permission for use, by Ecology, because the counties agreed to a given allocation for ground water in that, in certain areas, has been used up.
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LAKE WHATCOM WATERSHED stormwater & land-use regulations
This county proposal goes before a technical review committee of staff members and civil engineers from 1:30 to 4 p.m. on Tuesday, Dec. 20 –engineers are encouraged to attend and comment on whether the proposal will work in the watershed. Others are welcome to attend but testimony will not be generally open. If you plan to attend, please RSVP TO Whatcom County planning services staff member Cathy Craver, 676-6907 or ccraver@co.whatcom.wa.us. The proposal will go back before the Planning Commission for a 4-6 p.m. work session on Monday, Jan. 9.
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BIRCH BAY WATERSHED ACTION PLAN
Public comment remains open until Jan. 12 on the proposed Low Impact Development code chapter, and the amendment to the Critical Areas Ordinance.  The WC Planning Commission voted Dec. 8 not to pass the proposal that night, but to sit down with staff and go through it line by line, at a work session presumably to be held in late January.
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CITY-COUNTY INTERLOCAL AGREEMENT
This remains in Bellingham City Council’s Planning & Community Development Committee until new officials are sworn in next month. The next committee work session was to be Monday, Dec. 12. (AB19376 – Greg Aucutt comments on Jack Weiss’ suggestions for change)
An updated draft agreement will be reintroduced to the City Council at its January 23 meeting.  Comment on this will remain open until that meeting, at least (there’s no specific time limit set on public comment yet).  Send comments to ccmail@cob.org. You’re also welcome to call your council member at any time, or to comment at the beginning of any meeting on any topic for which there isn’t a hearing scheduled that night.
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YEW STREET UGA RESERVE
On Dec. 6, the Whatcom County Council postponed consideration of an ordinance amending the Comprehensive Plan, urban growth designation and Comprehensive Plan and zoning map designations for property in the Yew Street Reserve UGA (AB2011-210) until 2/28/2012.
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STORMWATER MANAGEMENT MANUAL
Ecology’s Steve Hood, from the Bellingham office, notes: On November 4, 2011, Ecology issued the Draft 2012 Stormwater Management Manual for Western Washington for a 3-month public comment period (November 4, 2011 – February 3, 2012).  The final manual is due out in summer 2012. Key changes in the draft include:
• New requirements for low impact development (LID)
• Revised Design Infiltration Rate Determination – Guidelines and Criteria
• New and updated construction BMPs
• Revised guidelines for wetlands
• An update of the Western Washington Hydrology Model
• An update of the Technology Assessment Protocol – Ecology (TAPE) process
A public presentation is planned Jan. 18, 9 am-1 pm at the Skagit Transit Station, 105 E. Kincaid St., Mount Vernon.  An agenda will be posted soon; click here.  To see the draft documents, click here.
Send comments to:  Carrie Graul at carrie.graul@ecy.wa.gov  or (360) 407-7221.
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