Watershed Management Act ESHB 2514 by 1998 Legislature RCW 90.82

• Voluntary Process• Purpose: to increase local involvement in

decision-making and planning for water resources.

• To Determine the Quantity of Available Water

• WMA has been revised several times since passed

Water Resource Inventory Area (WRIA)

Phase I: Organization Phase II: Data

Collection and Assessment

Phase III: Watershed Plan

Development Phase IV: Implementation

The Four Phases of The Four Phases of Watershed PlanningWatershed Planning

Watershed Management Act ESHB 2514 by 1998 Legislature RCW 90.82

• State grants available (up to $800,000 per Water Resource Inventory Area or WRIA). Planning Areas must include one or more complete WRIA.

• Phase 1 - $50,000 Single WRIA, $75,000 Multi WRIA

• Phase 2 - $200,000 per WRIA

• Phase 3 - $250,000 per WRIA

• Note: Legislation passed to add extra $100,000 per optional items of water quality, instream flow, and storage in Phase 2

• Phase 4: Implementation Phase

Watershed Plan Overview

• Plan must address Water Quantity.• Plan may address Water Quality, Habitat,

Water Storage and Minimum Instream Flows.

• Plan must be consistent with existing laws, treaties, water rights, habitat restoration programs, and other commitments; but may recommend changes in certain cases.

Watershed Plan Overview• City, Counties, and Water Purveyor must

participate for planning process to proceed• If new or revised Minimum Instream Flows

are recommended, Ecology must also consult with “affected” tribes.

• County legislative authorities have final say on plan approval (i.e. Commissioners must approve plan).

• No government, agency, or organization is bound by plan unless it voluntarily commits to plan provisions.

Water Quantity(Required as a condition of grant funding)

• Assessment of water:– Present and available (Qtotal & QA)

– Uses and rights

– Needs for future

– Recharge (location & protection)

– Available for appropriation

• Strategies:– Ensure water supply needs

– Meet minimum instream flows

– Strategies do not confer water rights

Water Quality(Optional)

• Examination of:– Existing studies on water quality

standards met, violated, causes, and pollution capacity

– Legal uses of fresh water

– TMDLs established for area

– Impact of fresh water on marine

• Recommendations for:– Implementing TMDLs

– Monitoring for compliance

• Local government and PU cannot adopt water quality standards or TMDLs (participate)

Habitat (Optional) • Must rely on:

– Existing laws

– SMA, GMA, Forest practices

• Integrate with salmon recovery efforts

• Use HB 2496 as primary nonregulatory part of plan if applicable (2496 calls for Limiting Factors Analysis; Critical Pathways Methodology)

Instream Flows(Optional)

• Initiating governments can decide by majority vote to address

• Collaborate w/ DOE• DOE must consult with “affected”

tribes• Changes to existing Minimum Flows

– need unanimous vote from all local government and tribal Planning Unit members

• New Minimum Flows• Cannot affect ongoing FERC licensing• Cannot affect existing FERC licenses

Water Storage

(Optional)

• Water Storage can be conducted to evaluate “Multi-purpose” storage alternatives to address the potential identified water shortages in the WRIA

• Element is very flexible in the requirements

• Allows Watershed Planning Unit to design study to suit the local needs of the WRIA

Benefits of Using WMA Process• Basis in Law to undergo process• Development of a Water Balance and QA

• Advancement of Local Priorities• Improved Decision-Making• Increased Predictability of Water-Resource Decisions• State Commitment to Coordinate Agency Involvement• Access to Watershed Planning Grants• Response to Endangered/Threatened Species Listings• Instream Flow Modification• Guidance and participation for State TMDL Process• Time Limits/Consensus to advance process

Potential Cons, Issues, and Conflicts

• Grant funding is competitive and not guaranteed.• May be difficult to implement a plan that meets

the needs of all stakeholders.• Some stakeholders may not have the funds and/or

the technical resources to participate.• Initiating Governments may be too busy to

participate in watershed planning.• Tribal Agencies can not stop local governments

from proceeding with planning

Things to Know• Watershed Planning cannot effect any existing senior

water right holders.• If an instream flow is set, it is assigned a water right

priority date at the time of planning activities, junior to the existing water rights.

• An instream flow does not mean the stream flow must be maintained at all times. It is just set to condition future water rights issued after the instream rule making.

• The Watershed Plan can provide recommendations for projects or actions, and/or can contain policy statements as long as they do not conflict with existing laws and rules.

Questions?

Gene St.Godard, P.G., L.HGGene St.Godard, P.G., L.HG..Principal Hydrogeologist/Owner

Water & Natural Resource GroupP.O. Box 28755, Spokane, WA 99228509-468-4876, stgod1@comcast.net