Bill to institute water changes clings to life

Plan to accommodate fish, farms and people hasn't had hearing yet

JOHN DODGE, THE OLYMPIAN

Originally published Friday, March 8, 2002

OLYMPIA -- Overshadowed by the state budget crisis, a bill tackling water law changes is clinging to life in the Legislature.

House Bill 2993, sponsored by Reps. Kelli Linville, D-Bellingham, and Steve Kirby, D-Tacoma, calls on the state Department of Ecology to set in-stream flows by 2010 for 17 river basins across the state where water use for fish, people and farms are at odds.

It also calls for comprehensive enforcement of water laws -- if voluntary compliance and technical assistance from Ecology don't do the job first.

The bill has the support of Gov. Gary Locke, who is in the second year of a four-year push to change water law to benefit people and fish, said Jim Waldo, Locke's lead water policy adviser.

Ecology supports the bill, state agency spokesman Curt Hart said.

The bill, introduced last week, faces an uncertain future as it takes on one of the most divisive issues lawmakers have faced during the past several years.

The bill hasn't even been the subject of a House committee vote at this 11th hour of the session.

"It's alive, but tenuous," Waldo said.

Meanwhile, the Washington Environment Council and the Center for Environmental Law & Policy issued a report Thursday challenging the Legislature and Ecology to step up to the challenge of water law changes, enforcement and adequate stream flows for fish, wildlife and recreation.

Reported shortfalls

The report, "Dereliction of Duty: Washington's Failure to Protect Our Shared Waters," states that in the face of growth, 25 percent of the state's 62 watersheds don't have enough water to meet the needs of fish and people.

The report points out that Ecology has issued 2,000 water right permits in the past 16 years while setting only one in-stream flow.

The report chastises Ecology for its lack of enforcement against illegal water use and its failure to protect stream flows from overuse.

"The laws aren't perfect, but if they were enforced better, we'd be making progress," said Joan Crooks, executive director of the Washington Environmental Council.

Complex issue

The report also takes the Legislature to task for slashing Ecology's water law enforcement money from $1.4 million in 1993 to about $100,000 in 1997.

State lawmakers started restoring much of the money and manpower last year.

Ecology agrees with the general message in the environmental groups' report, Hart said, but the report title is "inflammatory."

The agency has much work to do setting in-stream flows around the state, then ensuring the water is used as appropriated, he said.

"But with budget shortages and conflicting court rulings, no way does it add up to dereliction of duty," he said.

Water law is contentious and complex, reflected in the fact that eight of the 24 state assistant attorneys general assigned to Ecology work on water resources issues, he said.

He added that by December, the major water users in 16 critical watersheds will be required to report their water consumption to Ecology, giving the state agency valuable data for managing stream flows.

Environmentalists noted that it took a judge's ruling in 1999 on a 1993 law to get Ecology moving on metering and reporting of water use by major water users.

John Dodge covers the environment and energy for The Olympian. He can be reached at 360-754-5444 or by e-mail at jdodge@olympia.gannett.com.

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