Land Use, Community and Cultural Heritage: A Round Table Discussion

Summary Symposium Report

The purpose of this two day symposium sponsored by Whatcom Farm Friends, Whatcom Watersheds

Information Network (WWIN), and the WRIA 1 Watershed Management project, was to organize a local

event focusing on one of the most critical issues facing the community- ensuring water supplies for humans

and fish now and into the future.

A list of performance measures and outcomes was prepared by the planning team to guide the symposium

program and presentations:

Understanding what is at risk if

we don’t resolve our water

issues in a cooperative manner;

Science-based understanding of

status of water availability for

current and future needs;

Recognize the diversity and

legitimacy of perspectives and

needs that make resolution

complicated;

Identify range of opportunities

folks can avail themselves of that

can help resolve issues; and

Apply lessons learned in other areas to our local situations and understand

the importance of cooperative and collaborative process even if it involves

adjudication.

The first day of the program was organized to present information on current

water uses, the legal use of water and tribal water rights, and the many local

perspectives on what is at risk if water issues are not resolved. This set the

stage for the second day, which was intended to focus on finding solutions,

learning from others, and applying lessons learned elsewhere to Whatcom

County’s situation. A list of the program sessions for Day 1 Setting the Stage and

Day 2 Paths to Solutions follows. The full program with links to available

presentations and list of moderators and speakers is attached as Attachment A.

MAY 30-31, 2013 WATER SUPPLY SEARCHING FOR

CERTAINTY IN UNCERTAIN TIMES

Ph

oto

Sou

rce: Da

ve On

kels P

ho

to So

urce: D

ave O

nkels

Bill Knutzen, Session Moderator,

introduces the “What has been

done to date?” session and speaker.

Day 1- Setting the Stage

How is Water Being Used in Whatcom County? o Water and Land Use o What are the Current Uses of Water in Whatcom

County?

o Water and Fish

Who Can Use the Water?

o Water and the Law

o Round Table of Legal Perspectives on Water Law

Who and What is at Risk?

o The Economy

o Land Use, Community and Cultural Heritage: A Round

Table Discussion

Day 2- Paths to Solutions

The Road to Solutions

o Learning from Case Studies

o What has been done to Date in Whatcom County?

Applying the Lessons Learned

o Local and Regional Options

o The Fork in the Road

The attendance for Day 1 of the

Water Supply Symposium was 117

individuals and for Day 2 it was

122. The attendees represented a

wide range of interests in the

community including business,

environment, agriculture, tribal

members, local and state

government, media, planning

commissioners, and community

members.

To help the planning team

determine whether the planning

goals were achieved, a brief,

voluntary evaluation survey was

prepared and made available on the tables and in the main event space for both days of the Symposium.

Fifty-seven (57) surveys were returned. Based on the surveys returned, the general feedback is that

attendees felt the Symposium was informative, comprehensive of multiple interests.

Michael Mirande, Attorney at Law, presents

case study of City o f Everett v. Tulalip Tribes

Attendees on Day 2 listen to presentations on three case studies involving

resolution of water supply and water right topics.

Ph

oto

Sou

rce: Da

ve On

kels

Ph

oto

Sou

rce: Da

ve On

kels

ATTACHMENT A

Water Supply: Searching for Certainty in Uncertain Times

Program for May 30-31, 2013

Thursday, May 30 Water Supply: Searching for Certainty in Uncertain Times

Day 1- Setting the Stage

9:00am-9:30am Key Note- Jay Manning, Partner Cascadia Law Group

Jay Manning, a partner with Cascadia Law Group, former Chief of Staff for Governor Christine Gregoire, and former Director of

Washington State Department of Ecology, has extensive experience with water supply, water rights, and instream flow topics and

knowledge of Whatcom County’s water issues.

9:30am-12:00pm Session I- How is Water Being Used in Whatcom County?

9:30am-10:00am Water and Land Use - Craig MacConnell, Session Moderator

How does water figure into land use planning? Mark Personius, Whatcom County Planning and Development

What does the water budget tell us about water use? Dr. Christina Bandaragoda, Silvertip Solutions

10:00am-11:10am What are the current uses of water in Whatcom County? Craig MacConnell, Session Moderator

Agriculture-Henry Bierlink, Farm Friends; Industry- Rebecca Schlotterback, PUD No. 1; Non-Municipal Supply (private wells, water

associations, water districts)- Dave Olson, Water System Services, Inc.; Municipal Supplies- Bill Verwolf, City Administrator, City of

Lynden

11:10am-11:20am Morning Break

11:20am-12:00pm Water and Fish - Rebecca Schlotterback, Session Moderator

What do fish need, what are the ESA-listed species, how have populations changed? Ned Currence, Fish Biologist, Nooksack

Tribe Natural Resources Department

12:00pm-12:45pm Lunch Break

12:45pm-2:10pm Session II- Who Can Use the Water?

12:45pm-1:45pm Water and the Law - Jay Manning, Session Moderator

State Water Law- Doug Allen, Manager, Bellingham Field Office, Washington Department of Ecology

Federal Law and Tribal Water Rights- Michael Mirande, Esq. and Adjunct Professor, Seattle University School of Law;

Tribal Petition to Federal Government, Diana Bob, Esq., Lummi Nation

1:45pm-2:10pm Round Table of Legal Perspectives on Water Law- Jay Manning, Session Moderator

Michael Mirande, Esq.; Bill Clarke, Esq.; Diana Bob, Esq.

2:10pm-2:20pm Afternoon Break

2:20pm-4:45 Session III- Who and What is at Risk?

2:20pm-2:40pm The Economy - Dr. Hart Hodges, Director of Western’s Center for Economic and Business Research

2:40pm-4:45pm Land Use, Community, and Cultural Heritage: A Round Table Discussion- Clare Fogelsong, City of Bellingham and Bill Clarke, Esq. Session Moderators

A moderated round-table discussion of local representatives providing perspectives on what is at risk for their interests and what

are their ideas on workable solutions. Included in this round table discussion are: Agriculture-Marty Maberry, Whatcom County

Berry Grower; Water Associations-Skip Richards, Catalyst Consulting; Environment-Bert Webber, Huxley College Professor

Emeritus; Municipalities-Steve Banham, City of Lynden; Cultural Heritage- Randy Kinley, Jr., Lummi Nation; Land Use Planning-

Jean Melious, Esq.; Fish Populations-Ned Currence, Nooksack Tribe Natural Resources Dept.; Land Development-Roger Alm-

skaar, Land Use Consultant and president of the Whatcom Chapter of Citizens’ Alliance for Property Rights; Rural Real Estate-

Perry Eskridge, Government Affairs Director, Whatcom County Association of Realtors

4:45pm-5:00pm Wrap-up of Day 1

Water Supply: Searching for Certainty in Uncertain Times Friday, May 31

Day 2- Paths to Solutions

9:00am-9:10am Welcome - Whatcom County Executive Jack Louws

9:10am-9:30am Key Note- Kelli Linville, Mayor of Bellingham and Former State Legislator

Kelli Linville, Mayor of Bellingham, spent 18 years representing the 42nd District as a representative on the Washington House

of Representatives, and as a member of the House Agriculture and Ecology Committee was actively involved in legislative

efforts to find solutions for the complex water issues that faced Whatcom County.

9:30am-12:00pm Session I-The Road to Solutions

9:30am-10:45am Learning from Case Studies - Carl Weimer, Session Moderator

Lummi Peninsula Groundwater Negotiations- Harry Johnsen, Esq.

Tulalip Tribe and City of Everett Mediation- Michael Mirande, Esq.

Dungeness Water Management Rule- Ann Wessel, Washington Department of Ecology

10:45am-11:00am Morning Break

11:00am-12:00pm What has been done to date in Whatcom County? - Bill Knutzen, Session Moderator

Technical Studies, Planning, Instream Flow Negotiations, and Tribal Request for Declaratory Action- Jeremy Freimund, Water

Resources Manager, Lummi Nation Natural Resources

12:00pm-1:00pm Lunch Break

1:00pm-3:15pm Session II- Applying the Lessons Learned

1:00pm-2:00pm Local and Regional Options - Representative Vincent Buys, Session Moderator

Working in the Existing Framework- Chuck Lindsay, Associated Earth Sciences

State Water Trust- Amanda Cronin, Washington Water Trust

Natural Resource Marketplace- Heather MacKay, FHB Consulting Services

Water Supply Planning- Jon Hutchings, City of Bellingham

Willamette’s Workable Solutions- Bruce Roll, Clean Water Services

2:00pm-3:15pm The Fork in the Road - Jon Hutchings, Session Moderator

Are we at a fork in the road toward different paths to resolution? What are the vulnerabilities of the stakeholders under different

scenarios and what should they be doing to protect their interests? What actions- currently being done or proposed- should be

taken under the different scenarios? A moderated panel discussion to help chart out the different paths considering what has

been done to date, lessons learned, community interests, and local economy. Panel includes:

Michael Mirande, Esq., Adjunct Professor of Law, Seattle University School of Law

Bruce Roll, Director of Watershed Management, Clean Water Services

Ann Wessel, Washington Dept. of Ecology

Diana Bob, Esq. Lummi Nation

Jim Bucknell, Northern Regional Manager, RH2 Engineering

Adam Gravley, Esq., VanNess Feldman

3:15pm-3:30pm Wrap-up of Day 2

Thank You! The Water Symposium Planning Committee thanks the WRIA 1 Joint Board for funding support, Whatcom Farm Friends for assistance with moderator and speaker support, and Whatcom Watersheds Information Network (WWIN) for assistance with event planning and participation.

In addition, the planning committee would like to acknowledge the following moderators and speakers for their voluntary participation:

Roger Almskaar, Land Use Consultant

Christina Bandaragoda, Silvertip Solutions

Jim Bucknell, RH2 Engineering

Vincent Buys, 42nd District Washington State Representative

Bill Clarke, Attorney at Law and Government Affairs

Amanda Cronin, Washington Water Trust

Perry Eskridge, Attorney at Law and Government Affairs Director Whatcom County Assn of REALTORS®

Adam Gravley, VanNess Feldman

Bill Knutzen, Whatcom County Councilmember

Chuck Lindsay, Associated Earth Sciences

Marty Maberry, Maberry Packing

Craig MacConnell, Washington State University Emeritus Faculty

Heather MacKay, FHB Consulting Services

Jay Manning, Cascadia Law Group

Jean Melious, Nossaman LLP

Dave Olson, Water System Services

Skip Richards, Catalyst Consulting

Bruce Roll, Clean Water Services

Bert Webber, Professor Emeritus Huxley College

Carl Weimer, Whatcom County Councilmember

Finally, the Water Symposium Planning Committee wishes to thank the entities that supported staff

participation in this event including:

City of Bellingham

City of Lynden

Lummi Nation

Nooksack Indian Tribe

Public Utility District No. 1 of Whatcom County

Washington State Department of Ecology

Western Washington University

Whatcom County Planning and Development Services

WSU Whatcom Extension/Sea Grant

The Water Supply Symposium Planning Committee- Sue Blake, WSU Cooperative Extension/Sea Grant, Clare Fogelsong, City of Bellingham, Peter Gill, Whatcom County Planning and Development Services, Becky Peterson, Geneva Consulting, and Rebecca Schlotterback, Public Utility District No. 1 of Whatcom County.