Page 21 - November 2020 WCA Ketch Pen

This course of action will face challenges, and I am hopeful that one of those challenges will be through the WCA. As this is relatively new, there is no game plan moving forward yet, but the near future should bring some strategy and developments on that front.
DOE allowed the Pollution Identification and Correction in the North Sound (PIC) to give an update presentation
to follow-up on the presentation from the last meeting. After the last meeting, a coalition between WA Feeders
and WCA sent Director Watson a letter asking why the
Risk Assessment Tool developed by the Ag and Water Quality Advisory Committee was not being implemented for assessment of upland pasture management in Whatcom and Skagit counties. We did not receive a response to that letter, however, during this presentation, it would brought up that the risk tool is being utilized. It was unclear when that document began being utilized and one can only assume that it was after receipt of the letter requesting such utilization. It was requested that PIC provide pictures and information regarding pasture management that they see as potentially causing harm to water quality. As PIC does not seem to have the qualifications WCA would determine need to be required, requesting further information and bringing Dr. Tip Hudson into the fold may help members impacted by PIC. It is imperative that water quality not be the only consideration going into this program.
PIC has also been developing a waterfowl and wildlife app to allow for citizens to give information regarding when they see birds or wildlife in the area to determine if said wildlife has an impact when discharge numbers are higher than expected. PIC is trying to use data and counts to make determinations, and to that end has also done DNA and source sampling to help identify pollution sources. From a WCA standpoint, this is a very positive step. Many times, the easy target is ag, and no other causes for pollution are looked at nor explored. Although PIC seemed to have targeted ag, it is positive to see that they are trying to make science-based decisions.
Chad Adkins gave a presentation on Hangman Creek watershed which was at the center of a lawsuit against DOE filed by the Spokane Riverkeeper which led to a settlement between the parties that did not consider the implications on ag. WCA has always been opposed to that settlement
and believed that DOE did not act in the best interest of the citizens of WA, inclusive of ag. Hangman Creek watershed encompassed 441,000 acres, 1/3 of which is in Idaho, and another part is governed by tribal policies. What this says to me is that DOE has to enforce this settlement agreement on a limited portion of the uses of this watershed. The Hangman Creek watershed is 70% ag, with a very small amount in livestock production, however, the DOE has determined that each year livestock producers along this watershed should be contacted for potential pollution issues.
DOE plans to once again do their watershed evaluations this spring (March) in all of their prioritized areas, inclusive of Hangman Creek. DOE plans to send out 6 letters in 2021. It seems interesting to me that they haven’t even done the evaluation, yet they already know how many letters they are going to send. A logical person would probably make that determination after the evaluation,
but not DOE. Jerry White, the Spokane Riverkeeper agent was very optimistic about the “synergies we are creating.” However, he is concerned that the regulatory backstop needs to be real, water pollution needs to be taken seriously and regulations need to upheld, be fair, be transparent, and be real.
You can be guaranteed that the Spokane Riverkeeper comments will be taken seriously by DOE and we will see tighter regulation from this DOE, less voluntary methods, and potentially more enforcement action. DOE sent out
28 letters to producers in WA state telling them that they need technical assistance. Those letters just went out. If you
Toni Meacham’s herd coming in for fall weaning
received one of those letters and need assistance, please call the WCA office. We are here to help our membership with these types of issues. As I say every year when we get into the DOE letters, document, document, document. Make sure you can prove you are a good steward of the land. Take pictures, keep a journal, get an expert that actually understands riparian areas and water quality to help come up with a strategy that ensures water quality and ranching working together for an efficient and economical solution. Do not try to go against DOE on your own. Do not throw the letter in the trash. As a criminal in the US, you are innocent until proven guilty. As a rancher in the US, you are guilty until you prove yourself innocent. Realize that there is an issue, it is not going to go away, but you can do something about it and you can help yourself. Ranching advocacy is a real thing, and in the world of water law, you have to tell your story and you have to have science to back it up.
Ketch Pen www.washingtoncattlemen.org
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November 2020