Other CELP Accomplishments

2005

Advocating an Adequately Funded Water Management System

CELP releases a critical report, Water Is Worth It: Making the Case for a Water Management Fee, proposing a water management fee on existing water permits along with increased water permit application fees in order to provide a stable, adequate funding source for Ecology’s water management program. Representative Kelli Linville sponsored a bill (HB 2300) during the 2005 legislative session proposing increases to various water permit application fees as CELP recommended in its report. She committed to engaging stakeholders in a post-session discussion of how to fund Ecology’s Water Resources Program.

Columbia River Advocacy Continues

Please refer to updates located here

CELP joins King County, Futurewise in Challenging Anti-Critical Areas Ordinance Referenda

On March 10, 2005, in King County Superior Court, CELP and Futurewise (formerly known as "1000 Friends of Washington") joined King County in filing a legal challenge to referendum petitions aimed at overturning the county's recently passed package of Critical Areas Ordinances (CAOs). Approved by the King County Council on October 25, 2004, the Critical Areas Ordinances are required under the state Growth Management Act (GMA). Designed to discourage sprawl and protect water and natural resources, the ordinances went into effect on January 1, 2005.

The appropriate way to appeal GMA and critical areas regulations is with the Growth Management Hearings Board. Because CELP believes that state law clearly prohibits repealing critical areas ordinances via the referendum process, it has joined (Futurewise) and King County in asking the court for an order to stop the referendum sponsors from submitting its petitions for processing.  The Court agreed with us, but the referendum sponsors have requested the Washington Supreme Court consider an appeal of this decision.

    * The “Complaint for Declaratory and Injunctive Relief" filed in King County Superior Court can be found here.

    * The press release announcing the legal challenge can be found here.

    * In addition, the parties have prepared a fact sheet, which is available here.

    * A review of the Critical Areas Ordinance Package is available on King County's website.

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2004

Columbia River Protection

CELP influenced the development of a new water management system for the Columbia River that is intended to enhance conditions for fish by setting strict limits and conditions on new water diversions.  The Columbia River Initiative (CRI), a collaborative process established to create a water management rule for the Columbia River. Because of CELP's pressuring the Department of Ecology to protect the river against future withdrawals, the final draft rule, released in December 2004, is far more protective of the resource than it would have been without CELP's advocacy.   This rule acknowledges that the days of giving away free water from the Columbia River are over.  Due in large part to CELP's advocacy, the state's proposal includes creative options for increasing river flows, and for mitigating any new diversions.  For the first time, a water management rule has proposed that water users pay the state a yearly fee for the amount of water used; and the reporting requirements necessary to implement the pay-for-use feature will allow the state to develop a much needed data base for monitoring water-use in the basin.

Instream Flow Legislation

Due in large part to CELP’s advocacy, protection of instream flows was one of four legislative priorities promoted by the environmental community during the 2004 Legislative Session.  CELP worked with other environmental groups and the Governor’s staff to draft a respectable bill that would have required instream flows be set and achieved in all mainstem rivers and key tributaries statewide. Although this bill did not ultimately pass due to the political makeup of the Legislature, it added a proactive and environmentally protective viewpoint to the contentious debate about the best way to manage the public’s water.

Water Conservation Legislation & Rule-making

Due to CELP’s report, Washington’sWa$ted Water: How our lax water efficiency laws waste millions of gallons and millions of dollars, the Legislature adopted a law requiring that rules be developed that require public water suppliers (2,562 across the state) to adopt and implement water conservation plans.  CELP was appointed to serve on a committee as a representative of the environmental community, advising the state what these rules should include.  In addition to actively participating in a series of 12 all-day meetings of the committee, as well as several additional workgroup meetings, CELP pulled the other environmentally-minded participants together and worked together to strategize how best to affect this rulemaking process.   In all interactions around this rule, CELP has consistently advocated for stringent conservation requirements, and presented additional relevant information (based on CELP’s internal research), in an effort to persuade the Department of Health to adopt rules that will result in meaningful conservation.  CELP is most proud of infusing the notion that water suppliers have a stewardship responsibility to use our water sustainably and without wasting it in order to protect our rivers, streams and aquifers.

Watershed Planning

Through 2004, CELP continued its ongoing project to engage in and influence watershed planning efforts.  Participants in these planning efforts volunteer to determine whether and how much water will be protected in streams, and whether and how low flows will be addressed through voluntary efforts such as conservation, water reuse, and buying water rights to dedicate to instream flows. CELP has been participating in seven watersheds engaged in planning in which fish are listed as threatened or endangered under the federal Endangered Species Act, or where growth and associated water withdrawals are likely to harm rivers and streams.  CELP was influential in ensuring that the elements included in these plans are in accordance with legal requirements. We have built support for setting instream flows high enough to protect fish needs, even if it means development will be limited.

Maximum Net Benefits Policy Development

As a result of negotiation on a key provision in the settlement of an appeal CELP filed in 2003 to limit diversions from the Columbia River, CELP worked exclusively behind the scenes with state staff to develop a policy regarding the application of a maximum-net benefits analysis to water decisions. Based on our influence, the state ultimately adopted a policy that acknowledges water is a valuable asset and that the state has a duty to protect and enhance our rivers and streams.

County Comprehensive Plan Amendments

Working with local citizen groups in King County, CELP successfully advocated for amendments to King County’s Comprehensive Plan and Critical Areas Ordinance that will require King County to consider impacts to rivers and streams when evaluating whether to allow new development.

Promoting Water Conservation through Partnership

CELP’s efforts to establish a new nonprofit organization, the Partnership for Water Conservation, came to fruition in 2004. This new nonprofit brings together leaders in the environmental, utility, and business communities to promote water conservation in Central Puget Sound.  CELP’s Executive Director, Karen Allston, serves as the Chair of the Board of Directors.  Among  Partnership's short-term goals are to sponsor summer advertising campaigns to influence water use by residents in the Puget Sound area; develop best management practices for water suppliers in this urban, rapidly growing area; and provide technical assistance to water suppliers who need help developing and implementing conservation plans. We are hopeful this organization will pressure water suppliers to do a better job with conservation planning, and will increase the public’s awareness of the importance of using water wisely.

Collaborative Assistance to Other Organizations

Through CELP’s advice and consultation, CELP’s water law and policy expertise continued in 2004 to positively impact water-related problems and controversies throughout the state.  For example:  Our work with The Trumpeter Swan Society stopped an illegal water withdrawal on the Long Beach Peninsula that was dewatering a marsh used by rare trumpeter swans. Assistance to the Black Hills Audubon Society stopped the transfer of water rights that would have enabled a large gravel mine in Thurston County to degrade wetlands that provide critical habitat to many bird species.  Our consultation with attorneys for a homeowners association helped shape their  claims and arguments in a dispute over the waters of Lake Steilacoom.