ML speaks to proposed water rights plan

Columbia River Initiative would ease restrictions on pending applications

MOSES LAKE — Spokespersons from the Washington Department of Ecology are traveling around the state this week to talk to different communities about its proposed rule to ease pending water rights applications on the Columbia River.

Gerry O'Keefe is the Department of Ecology project manager for the Columbia River Initiative. The program aims to create a water management program that would provide water for economies and communities but not hurt salmon populations.

Not everyone agreed Wednesday on the DOE's proposed rule change, part of former Gov. Gary Locke's Columbia River Initiative. O'Keefe presented the plan to an audience of more than 20 people at the Moses Lake Fire Department Wednesday. O'Keefe said the meting was an opportunity for the DOE to share with the legislature what they are hearing in various communities.

The DOE currently has around 300 pending applications for new water rights on the river, and O'Keefe said those applicants can't do anything until the issue is resolved. The draft rule would also implement procedures for drought permits on existing water rights.

Two conflicting petitions have been filed for the DOE to initiate a rule making. According to the DOE, those petitions proposed either closing the Columbia and its eastern Washington tributaries to further water rights, or requiring the department to issue water rights from the river.

"What we're trying to do here is be proactive and get something done," said O'Keefe.

O'Keefe said the department is trying to work out a set of solutions that would be better than fighting the plan in court.

Locally, the Columbia River Initiative aims to bring irrigation to farmers impacted by the declining Odessa aquifer and provide a reliable source of water for farms and businesses during future droughts along the river. The initiative has also reached an agreement with the Colville Tribes to address impacts of water released from Lake Roosevelt.

Part of the plan, which must also be adopted by the legislature before it is implemented, would direct two thirds of state-acquired water to offset new water use, while holding one-third of that water for improved stream flows for fish. The plan has been referred to as a three in two out program, similar to a federal "no net loss" policy.

Another part of the initiative aims to secure $79 million over the next decade to secure water and perform evaluations of new off-channel storage projects.

Pat Boss told the DOE Wednesday that he thought the proposed rule change was a bit premature. Boss is the executive director of the Washington State Potato Commission and said the rule making should be the final step of the Columbia River Initiative and should be done after the legislature has acted on the issue. He added that he wasn't sure the DOE had authority to issue rules for water resources.

"We're happy that you're here explaining this, but we still believe that the cart is before the horse," Boss told the department.

Boss also spoke Wednesday to concerns regarding details the plan would have on farmers and businesses who rely on irrigation. He said the department should not only do what's good for the environment, but should keep business in business as well.

Boss said that it is very difficult to get other potato companies to locate to the state, because of horror stories they've heard about of them trying to get water rights.

Boss said the Potato Commission feels that there is other science out there that has not been evaluated, adding that he wasn't sure the three in two out model would benefit future water storage.

Richard Erickson with the East Columbia Basin Irrigation District said that while his district supported the Columbia River Initiative, it does have some reservations about the proposed rule.

Erickson said that there were good items in the initiative, such as bringing irrigation water to farmers surrounding the declining Odessa aquifer.

"If it all gets implemented, it will all be good for eastern Washington," Erickson said.

Erickson said his district signed a memorandum of understanding for the initiative, but said that it did not agree to the "no net loss" water policy. He also said his district agreed to the three in, two out proposal but limited to its memorandum of understanding. Erickson added that his district was looking for broader water storage with the proposal.

O'Keefe said after the meeting that the DOE has tried to put together a plan that was both protective and allowed groups to have water at the same time. He said, however, that a definite debate about science remains.

"On the other hand, we've heard 'We want water, get us the water we've waited too long,'" O'Keefe said.

The Washington State Department of Ecology is taking public comment on the proposed rule until May 12.