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Proceedings

Citizens Workshop on Exempt Wells

Panel 2:  Case Studies in Exempt Well Problems

Kittitas County: Ground Zero

1. -Melissa Bates & Deidre Link, Aqua Permanente
   

- NOTE: Link to CELP site for Kittitas County petition

Aqua Permanente presented the first of four case studies for specific areas where exempt wells are at issue. In Kittitas County, subdivision development has increased substantially.  Kittitas County’s water supply is fully appropriated and new developments relying on exempt wells are likely using water that is not legally available.  Aqua Permanente (AP), a local grassroots citizen organization, was formed due to concern over the use of new exempt wells in the county.  While questioning the legality of a new development, AP discovered that a lack of accountability by city, county, and state agencies is one reason new developments are being built and relying on exempt wells.  The county planning department, the state Department of Health, and the Department of Ecology have each failed to prevent construction that relies on legally suspect water supplies. 

Because authorities were reluctant to apply the law, AP petitioned Ecology to close the basin until a sound hydrogeologic report was completed.  Instead of a temporary basin closure, Ecology signed an agreement with Kittitas County to allow continued exempt well development while the study is conducted.  AP will continue to fight for application of the law and equitable treatment for existing landowners and water users in the basin.

Deidre Link is a self-employed potter and farmer in Kittitas County.  Deidre co-founded Aqua Permanente because of her concerns as a citizen who would like to see better planning for resource use.

Melissa Bates raises horses and sheep in the Peoh Point area of Upper Kittitas County and works as a Medical Lab Tech at Cle Elum Medical Center.  She earned her degree in Geography and Zoology at Central Washington University.  Melissa is co-founder of Aqua Permanente and has petitioned the state for a moratorium on exempt well drilling in Kittitas County.

Mason County Petition

1. -John Konovsky, Squaxin Island Indian Tribe
   

- download:  Power Point  (pdf)

The second case study demonstrated the efforts of the Squaxin Island Tribe to protect the Johns Creek drainage in Mason County. The Tribe’s primary interests are the conservation of shellfish resources and the protection of salmon. The Johns Creek Basin is comprised of a number of interesting hydrologic features including: a wetland, a significant contribution of groundwater in the canyon reach, and temperature moderating thermal refuges. 

Johns Creek has not met existing instream flow standards for the last five years.  Many exempt wells have been drilled in the basin, some of which withdraw water from aquifers in continuity with Johns Creek.  In April 2008, the Squaxin Island Tribe filed a petition to amend existing instream flow rules for the basin asking for a moratorium on all new wells until scientific data can be collected. A decision on the petition is due in early June.  Ecology has indicated it does not intend to amend the rule.

John Konovsky serves as Environmental Program Manager for the Squaxin Island Tribe.  He earned his B.A. from Earlham College 1981 and his M.S. from WSU in 1995.  John works on water quality issues related to shellfish harvest and streamflow issues related to water quality, fish productivity and habitat health.  John can't remember all the TMDL's he is involved in, but is “a firm believer in the power of groundwater!”

Chamokane Creek

- Brian Crossley, Spokane Tribe of Indians

- download:  Power Point (pdf)

In the third case study, Mr. Crossley presented the Spokane Tribe’s approach to the regulation of permit exempt wells in the Chamokane Creek basin, northwest of Spokane.  The Spokane Tribe is party to the Anderson v. United States case, a federal lawsuit that adjudicated tribal and non-tribal water rights to a boundary stream on the east side of the Spokane Indian Reservation, including instream flows to protect tribal fisheries.  The original decree did not consider exempt wells, which are now proliferating in the watershed and may be affecting instream flows.  The Department of Ecology has taken the position that it lacks authority to control exempt wells in this basin, notwithstanding the federal decree.

Currently, the Tribe and Ecology are conducting a joint study on the possible effects of newly drilled permit exempt wells.  The primary concerns are 1) whether there is a connection between the upper valley groundwater and lower groundwater aquifers; 2) the need to determine the relationship between deep and shallow aquifers; and 3) whether “de minimus” uses are minimal on the SVRP and surface water.  The study is due in August of 2009 and may affect future management of water resources in the Chamokane subbasin.

Brian Crossley is the Water & Fish Program Manager at the Spokane Tribe of Indians.  He is a graduate of the University of Idaho.  Brian has been with the Tribe for eight years, and served as the Water & Fish Program Manager for six of those years.  He implements Tribal water quality standards, maintains continuous water quality stations, conducts fish tissue studies, and performs stream and lake surveys and monitors flows.   He is also involved in Watershed Planning Groups, TMDL's, FERC relicensing, Natural Resource Damage Assessment, Superfund sites and the Interdisciplinary Team for all land uses on Reservation.  Brian has also worked for the Oregon Department of Fish and Wildlife, the Idaho Department of Fish & Game, the US Forest Service, and the University of Idaho.

Lake Whatcom

1. -Greg Kirsch, Private Citizen
   

- download:  document (pdf)

In the final case study, Mr. Kirsch discussed his efforts with respect to the impact of exempt wells on Lake Whatcom, the source of municipal drinking water for the City of Bellingham and source of water to Whatcom Creek, a salmon-bearing stream.  This limited water supply is being impacted by developments relying on permit-exempt wells. There is a conflict between the city and county as to how to manage growth around the lake.  Approximately five percent of the lake is within the city’s jurisdiction, leaving most of the administration to the county.  However, the county is unwilling to curtail growth.  A managed approach to growth would only be possible by forcing government to limit water use, such as exempt well permits which go largely unregulated. 

While Whatcom Lake is closed to further appropriations, Ecology and the county are allowing exempt wells in hydraulic continuity with the lake.  Case law suggests Ecology must manage groundwater and surface water conjunctively in such a situation.  Exempt wells should not be allowed to circumvent lake and stream closures if they will negatively impact surface waters in a closed basin.

Ecology recently determined Lake Whatcom has water quality issues and have mandated that any further pollution be curtailed and deny withdrawals where water is unavailable.  The Growth Management Act (GMA) also requires the county to manage both water quality and quantity, thus there must be an “adequate supply” (both quality and quantity) of water before allowing for the use of exempt wells. Unfortunately, neither the county or Ecology are preventing exempt wells from being drilled around the lake. 

Greg Kirsch is a seafood/fisheries entrepreneur.  His educational background is in Philosophy, History and Business Administration.  He has worked as a free lance writer and in political operations for growth management, fisheries restoration and habitat protection in Whatcom County.

Panel 3: Science Basics