The Center for Environmental Law & Policy (CELP) has joined with The Trumpeter Swan Society (TTSS) to protect and defend the only trumpeter swan habitat located in Washington State.  At issue is use of exempt wells for development that may de-water the marsh and destroy its recently-restored swan habitat.   CELP is using its water rights expertise to assist TTSS and convince the Washington Department of Ecology to promote the public interest in protecting this critically important bird sanctuary.

Hines Marsh is a unique natural treasure.  Located on Leadbetter Point on the northern tip of Washington’s Long Beach Peninsula, it is thought to be the largest interdunal freshwater wetland remaining in North America.  Hines Marsh provides important habitat for the Trumpeter Swan as well as over 100 species of birds.  

Ecology of the Long Beach Peninsula

The Long Beach Peninsula is over 24 miles long and forms a partial barrier between the Pacific Ocean and Willapa Bay.  Located at the northern end of the peninsula is Leadbetter Point, a large complex of intertidal estuarine wetlands, swamp, marsh and upland forest habitat.  Central to this habitat complex is Hines Marsh.   

The Long Beach Peninsula is composed of a series of old coastal sand dunes running north-south, separated by interdunal wetlands and lakes.  Because the peninsula formed as a series of dunes and swales, habitats reflect this unique, striped topography. Dunes form upland sites where forests grow, and between them are swales, where depending on depth, lakes to forested wetlands are found.  This interior habitat complex supports over 25 sensitive habitat communities and species monitored by the Washington Department of Natural Resources Natural Heritage Program.   

The complex of fresh and saltwater wetlands on Leadbetter Point forms a habitat area recognized for its diversity and value to fish and wildlife.  The mosaic of ocean front dunes, old second growth Sitka spruce forest, scrub/shrub and marsh wetlands, and the proximity of upland forest to wetlands provides unique bird and wildlife habitat, hosting numerous waterfowl, warblers, herons, raptors, otter, mink, deer, elk and bear.  Stackpole slough at the marsh’s outlet to the bay is also wintering habitat for coho salmon smolts.  The area is an important biological ‘island’ for wildlife and birds around the entrance to Willapa Bay.

The variety of forest communities and wetlands of the interior go unnoticed alongside both spectacular ocean beaches and dynamic estuary, yet provide critical surface water storage to recharge a unique island aquifer that provides freshwater for most of the peninsula’s residents.  Historically the interior wetlands were used as waterways by tribes, and today provide important wintering habitat for trumpeter swans.  The marsh is a major migratory path for waterfowl, shorebirds, and raptors.  Wintering and breeding ducks, grebes, great blue heron, osprey and other raptors, warblers and a wide variety of other passerines are found throughout the marsh.  Shorebirds use this area daily when flying from the bay to the ocean beaches and back to feed.

The marsh extends into Leadbetter Point State Park, and is integrally related to the adjacent Willapa  National Wildlife Refuge.  Two threatened or endangered species are adjacent to the Park boundary.  Snowy Plovers nest in the upper dunes along the ocean beach.  Brown pelicans feed along the shoreline and loaf on the beaches.

Destruction and resurrection at Hines Marsh

Would-be developers seriously damaged Hines Marsh in the 1950’s and 60’s by ditching and draining it.   In the 1990’s conservationists including The Trumpeter Swan Society (TTSS) worked to restore the damaged marsh. This effort was aided by more than $2,000,000 in public and private grants, the annexation of key sand dune and marsh lands into the state park system, and acquisition of other nearby parcels by TTSS and the Columbia Land Trust.  As testament to the restoration efforts, migrating swans returned to the marsh in 2003 after a forty year absence.  Swans continue to over-winter in the marsh, and their numbers are beginning to grow.  However, water levels are declining to levels lower than historically seen during the summer months, raising concerns about water quantity and quality, and sustainability of the Hines Marsh ecosystem.   

Around the same time that conservationists were working to restore Hines Marsh, development began to intensify on Leadbetter Point.  One of the developing properties is called Leadbetter Farms, located on land immediately adjacent to the state park.    Development on the property includes a man-made lake, 6 or more acres of irrigated lawn and pasture, a number of varied residential units and accessory buildings, and several wells.  Leadbetter Farms did not apply for a reservoir permit or an irrigation water right before filling the lake, digging the wells and using the water.

Wildlife and Water Rights

While stock watering and domestic water use under 5,000 gallons per day are exempt from permitting under RCW 90.44.050, irrigation and filling man-made reservoirs are not exempt and require water permits from the Department of Ecology before water use may begin.  Because water on Leadbetter Farms is drawn from the same groundwater that supplies Hines Marsh, TTSS and CELP are concerned that increasing development and the proliferation of unmonitored exempt wells may lead to depletion of water levels, saltwater intrusion, or degradation of water quality from septic systems, fertilizers, etc.   Over the last several years, TTSS and CELP have worked together and with the Department of Ecology to address these concerns.

Ecology’s initial inquiry into water uses at Leadbetter Point resulted in Leadbetter Farms retroactively submitting a water right application for one of the wells, and a reservoir application for the man-made lake. These applications, submitted in the year 2000, are still under consideration and have not yet resulted in  the state granting water right permits.  CELP has asked Ecology to enforce against any illegal use.

Leadbetter Farms Development

Meanwhile, development has increased and water use has continued at Leadbetter Farms.  In 2005, at the urging of CELP and TTSS, Ecology issued a compliance letter telling Leadbetter Farms to stop filling the “reservoir”  and to limit irrigation to no more than ½ acre.   Unfortunately, evidence of subsequent green pastures and boats floating on the reservoir show that the compliance letter has gone largely unheeded. 

Aerial photographs of the Leadbetter Farms site in 2003 show the man-made lake and a large residential structure shown on Pacific County Assessor records as a 5782 square foot single family dwelling.  Pacific County records for the same parcel  now show recent building permits for a barn/tack building, power house,  30 x 60’ garage apartment, a tree house, bath for tree house, $250,000 footings for a water tower, and a water tower valued at $1,570,000. 

Leadbetter Farms and Pacific County characterized the water tower project as a “gravity feed fire suppression system including the construction of an 8000 gallon water tank  with an approximate height of 124’.  The project also includes the installation of approximately 3000 lineal feet of 6” to 8” water line.  The purpose of the project is to provide adequate fire flow for the westerly 220 acres of Leadbetter Farms.”    CELP and TTSS objected to Pacific County granting a DNS for the “water tower:” project, given its lack of an accompanying water right permit , and the incongruity of the SEPA checklist and development application describing the “water tower” as featuring living quarters, bathrooms, and a two-car garage.    Despite these obvious inconsistencies, Pacific County approved the project, and construction began in 2006.   See http://leadbetterfarms.blogspot.com/ 

State Parks, Trumpeter Swans, and Development

In addition to environmental concerns about the effects of unmonitored, unauthorized, and proliferating water uses, the development on Leadbetter Point is situated very close to the state park boundary and to a sensitive shoreline area, which provides habitat for the threatened western snowy plover. 

Furthermore, Trumpeter Swans are highly intolerant of human presence and disturbance, and according to the National Audubon Society “human encroachment poses the largest threat to the species.” 

Finally, it has been noted in the resource lands and critical areas designation criteria adopted by the Pacific County Board of Commissioners in 1992 that the environmental impacts to the interdunal wetlands along the Long Beach Peninsula “most commonly occur as a result of single-family residential construction...”.  The designation policies also note that this area serves as an “unaltered recharge area for fresh water aquifers...” and is “an environmentally unique resource of local and state-wide significance” that provides “specialized wildlife habitat.”   Leadbetter Point is designated an Important Bird Area by National Audubon Society.

Current status

In 2006, Leadbetter Farms entered into a cost reimbursement agreement with Ecology and Aspect Consulting to expedite the processing of its two pending water right applications.  Aspect Consulting completed Phase I of its analysis of the hydrology of the Leadbetter Point region and is near completing Phase II, where it will consider the specific impacts of each pending application.  Draft Reports of Examination (ROE’s) detailing Ecology’s findings and conclusions regarding the applications are expected to be released sometime this summer (2007). 

CELP and TTSS will comment on these ROE’s and advocate for sustainable water policies.  Our goal is to ensure that all environmental impacts to Hines Marsh and public interest values in the area are carefully considered before new water rights are granted.       

Please support CELP in protecting Hines Marsh.  Click here.