Page 24 - WCA December Ketch Pen 2020

24
WATER AND ECOLOGY UPDATE
By: Toni Meacham, Attorney at Law
A month has gone by, and some might wonder what
has been done with DOE to try to figure out what is going
on with many of the issues that have come up with DOE since Director Watson took over. For example, the Obama WOTUS, the inspections, letters going out to producers, work on the Hangman Creek watershed. And the answer
is very little. WCA has taken steps to try to communicate with DOE to try to figure some of these moving parts out, inclusive of a letter. No response. WCA has reached out
twice to DOE in letter format and has had no response.
WCA is doing its part to try to advocate for members, working towards getting clarity from DOE on what the heck is going on. It is very hard to communicate when one party does not engage. Do not worry, WCA has not given up.
As an interesting side note, DOE can issue orders to force landowners to comply when a landowner does not respond, yet WCA members, people who pay taxes and are the citizens of this state, do not have that option. WCA will continue to be the squeaky wheel to try to get answers for members.
One of the big Capital Press articles that came out towards the end of October was, “Ecology seeks money to adjudicate Whatcom County water rights.” DOE has been tasked by the state Legislature to assess watersheds that would benefit most from a water right adjudication process. The report compiled by DOE identified two locations: the Nooksack watershed in Northwest Washington and an area around Lake Roosevelt in the eastern part of the state.
Adjudication is a legal process which involves courts to determine the rights of water users within a watershed or basin. This includes uses identified in Ecology permits and certificates, as well as those with claims to water that were made before the state adopted its water code. All interested parties, or persons claiming a water right, inclusive of tribes and federal agencies must appear in state court to prove and defend their own claims. DOE does not have authority to apply prior appropriation throughout a watershed,
only state superior courts can conduct a watershed-wide evaluation. The court decides who has a right to water, and how much water that person may put to beneficial use.
This is a simplified explanation of what an adjudication is and how it is conducted.
DOE has filed
many small stream
adjudications and
one large one in the
Yakima basin (Ecology
v. Acquavella).
Acquavella was a long,
drawn out process that
took several decades.
Attorneys in WA
are still deciphering Acquavella and go over that decision regarding rights in that watershed on a regular basis.
In preparation for these current adjudications, DOE staff have been on the ground meeting with groups regarding their need for water rights. As this is a permanent determination regarding water rights, all parties of
interest need to take part. To proceed with this process, DOE has made a request in the Governor’s 2021 budget for approximately $500,000 per year for the next two years (2021-2022) to prepare for the two recommended adjudications. The request would allegedly fund costs for the superior courts to prepare for the filing, and support databases and technology. DOE has proposed a timeline leading to the filing of a court action in 2023. This would provide about two years for ongoing negotiation and collaboration on water solutions. DOE estimates 10-20 years for final resolution of all rights. This timeline is proposed based upon the history with Acquavella and would probably be a best case scenario.
DOE continues to move forward with their agenda, and WCA intends to continue to fight for their members and said members rights. There is no time like the present to step up and speak up for your water and your rights. If you need help, please reach out to the WCA as we are already present and engaged in the process.
Toni Meacham, Attorney at Law
Ketch Pen www.washingtoncattlemen.org
December 2020