cover photographs courtesy of brian walsh 20… · tom tebb, wa department of ecology 4:40 closing...

Cover Photographs courtesy of Brian Walsh

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Basin-Level Sponsors

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Watershed-Level Sponsors

Stream-Level Sponsors

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Media Sponsor

Board Members

2013 AWRA Washington Section Board Members

Dustin Atchison, CH2M HILL (President)

*Megan Kogut, University of Washington (Vice President)

Stephen Thomas, Shannon & Wilson (Treasurer)

*Tyler Jantzen, CH2M HILL (Secretary)

Jennifer Saltonstall, Associated Earth Sciences (Editor)

Scott Kindred, Aspect Consulting (Past President)

*Tyson Carlson, Aspect Consulting (Director)

*Steve Hughes (Director)

*Felix Kristanovich, ENVIRON (Director)

*Allison MacEwan, Shannon & Wilson (Director)

*Jason McCormick, Washington Water Trust (Director)

*Stan Miller, Spokane County (ret.), Inland NW Water Resources (Director)

*Tom Ring, Yakama Nation (Director)

Matt Stumbaugh, University of Washington (Director)

Bailey Theriault, Golder Associates (Director)

*Brian Walsh, Puget Sound Partnership (Director)

Christina Curtis, University of Washington (UW Student Rep.)

Bob Edmunds, University of Washington (UW Faculty Advisor)

*Member of the 2013 Conference Committee.

Chris Pitre with Golder Associates, Adam Gravley with Van Ness Feldman, Jennifer Holderman with WA Department of Ecology, Rachel Moss, Steve Nelson with RH2 and Peter Sturtevant with CH2M HILL, general members, also served on the Conference Committee.

To put your hands in a river is to feel the chords that bind the earth together.

Barry Lopez

i

Table of Contents

Program Summary ............................................................................................................................... 1

Conference Welcome ......................................................................................................................... 3

2013 Outstanding Service Award ................................................................................................... 4

Student Fellowships .............................................................................................................................. 6

AWRA Washington Section List of Past Presidents ....................................................................... 7

AWRA Washington Section List of Past Conferences ................................................................... 8

Conference Program and Abstracts ................................................................................................. 9

Keynote Speaker .............................................................................................................................. 13

Session Speaker Biographies ......................................................................................................... 14

Conference attendees are eligible to receive 6 credits of Continuing Legal Education (CLE) by Washington State Bar Association (WSBA) and 4 credits for Certified Water Rights Examiners (CWRE) by Washington Department of Ecology. Sign-in sheets for these credits are available at the registration table.

1 Program Summary

PROGRAM SUMMARY

Morning Program

7:30 Conference Registration

See the registration table to sign in for WSBA Continuing Legal Education credits or Certified Water Rights Examiners (CWRE) credits.

8:00 Welcome by Co-Chairs

Chris Pitre, Golder Associates

Megan Kogut, University of Washington

8:10 Keynote Speech

Maia Bellon, Esq., Director, WA Department of Ecology

SESSION 1: DRIVERS AND OPPORTUNITIES

Moderator: Tom Ring, Yakama Nation Water Resources Program

8:40 What Will Washington’s Waters Look Like in 2040? Rachael Paschal Osborn, Esq., Center for Environmental Law and Policy

9:15 Instream Flow Rules Ann Wessel, WA Department of Ecology

9:45 In/Out-of-Kind/Place Mitigation Rich Hoey, City of Olympia

10:10 Networking Break

SESSION 2: RE-ALLOCATION & STORAGE

Moderator: Tyson Carlson, Aspect Consulting

10:30 Surface Water Storage Bob Montgomery, Anchor QEA

11:00 Groundwater Storage Chris Pitre, Golder Associates

11:30 Water Banking/Markets Bob Barwin, WA Department of Ecology

Lunch Program

12:00 Lunch: provided for all conference registrants.

12:20 Lunch Presentation: The Changing Footprint of Water Use in the Columbia Valley from A to V (from Alfalfa to Viticulture)

Tuck Russell

Program Summary 2

Afternoon Program

SESSION 3: FRAMEWORKS AND BASIN SOLUTIONS

Moderator: Jason McCormick, Washington Water Trust

1:00 Innovation in Flow Restoration and Water Banking Amanda Cronin, Washington Water Trust

1:30 Yakima Basin Integrated Plan Steve Malloch, Esq., Western Water Futures

2:00 Wenatchee Instream Flow Rule Mike Kaputa, Chelan County Department of Natural Resources


SESSION 4: LEADERSHIP, LEGISLATION AND POLICIES

(PANEL SESSION)

Moderator: Adam Gravley, Esq., Van Ness Feldman, LLP

2:50 Bruce Wishart, Esq., Washington Water Futures Laura Merrill, Washington State Association of Counties Sharon Haensly, Esq., Squaxin Island Indian Tribe Tom Tebb, WA Department of Ecology

4:40 Closing by Co-Chairs

4:45 Annual Section Report and Outstanding Service Award

5:00 – 7:00 Reception

I want to laugh hysterically into a bucket of water, have my humor imprinted on each water molecule and then drink the funniest drink ever.”

Jarod Kintz

Conference Welcome 3

CONFERENCE WELCOME

Colleagues,

Welcome to our 2013 Annual Conference on Future Directions in Water Resource Management. The WA-AWRA is a non-profit organization started more than 30 years ago, and is 100% volunteer fueled. Our mission is to promote dialogue in the water resources community and provide support to students in career development. We strive to provide balanced representation across disciplines (technical, legal, academic, planning and policy) as well as among interested parties, including tribal, regulatory, environmental activist, government, and private sector entities. Proceeds from this conference go towards annual student scholarships. Thank you for supporting all of this, including the sponsors of the conference listed inside the front cover of the program.

A lot of effort has gone into the preparation of this conference, starting with the volunteer conference committee. A most sincere appreciation is extended to the committee members, listed in the program.

Next we thank the speakers and presenters who accepted invitations to this conference. Careful consideration was given to a broad range of speakers, but we could not invite everyone we wanted. If we did, we’d be here most of the week, but we only have this one day this year.

The focus of this conference is on water availability and allocation, in the context of environmental protection, legal limitations, and economic/development pressures. For our conference title, we use a plural form for “Future Directions”, acknowledging multiple possibilities and multiple issues. Water resources management is an increasingly challenging topic for Washington, and we will address it head-on today. Often, these issues end up in a court of law, and a number of pending lawsuits directly relevant to today’s conference theme will be discussed. However, we will also hear today about a number of significant successful programs that have resolved and/or are advancing water resources management with no, minimal, and/or despite legal challenges.

A few strong themes are evident in today’s program. Among them is rural water supply, also referred to as exempt wells. Almost every speaker today will have something to say about that. Another feature will be the diversity and creativity of applications brought to provide solutions. Previously unrelated water management actions are now being linked to provide holistic approaches, such as wastewater/reclaimed water management.

We are thrilled to have presenters well-versed in the issues. We will be hearing from practitioners and policy makers. There are those who have found innovative solutions, and those who are developing new ones. As we discuss future directions and leadership, I believe we may make substantial progress in finding answers in this room today.

It’s our hope that you leave the conference with new knowledge and refreshed perspectives on water resources management issues across the state. We anticipate the day’s presentations will stir you to further engagement. Please stay for the reception at the end of the day with food and drink, and spirited discussion and exchange of ideas with each other.

Enjoy the day!

Chris Pitre, Golder Associates Megan Kogut, University of Washington

Awards 4

2013 OUTSTANDING SERVICE AWARD

Each year, AWRA-WA presents an award to an individual who has shown significant and sustained commitment to the protection and wise management of the state or region's water resources. The Awards Committee accepts nominations for the award from any AWRA-WA member. From the nominations the Committee recommends an individual to the AWRA-WA board, which makes the final decision. The individual receives a plaque, and a contribution of $500 is made to a charity of his or her choice. The two most recent recipients are listed below and on the AWRA-WA website.

Steve Foley, 2012 Recipient

Steve Foley's varied history was part of what made him an exceptional asset to both King County and the State of Washington. Steve has a Bachelor's in Geophysics from Western Washington University, Master's in Geological Engineering from University of Arizona; and P.E. in Arizona and Washington.

Steve is a world traveler, was a consultant for 10 years and spent most of the last two decades with King County's Water and Land Resources Division. He has now retired to the southwest. He held a Senior Engineer position responsible for managing the Surface Water Design Manual program (updates, errata, interpretations, website, training, building department support, and user support on stormwater regulations for new development and redevelopment), the Engineering Studies program (addressing complex drainage and regulatory problems), and the Stormwater Structural Controls program (stormwater capital planning).

Steve was also the King County Water and Land Resources Division's liaison to the County building department on stormwater issues involving new development and redevelopment. In addition, he was recognized as the County's leading expert on stormwater low impact development techniques (LID) and stormwater-related regulations in general. For the past several decades, the County's stormwater management program has frequently been at the forefront in this state and Steve's leadership during his career has been a positive influence for the region.

Ed O’Brien, 2011 Recipient

Ed O’Brien, P.E., got his undergraduate and graduate degrees at the University of Notre Dame. While working at the Department of Ecology for the past three decades, Ed has been dedicated to achieving the goal of improving water quality throughout the State. He has been instrumental in developing manuals, regulations, permits and has participated in countless diverse stakeholder interest groups to strengthen stormwater management and improve water quality.

Early in his career Ed worked on and was instrumental in writing the secondary treatment regulation (WAC 173-221) as well as the CSO rule (WAC 173-245). Ed played a key role in starting the state’s stormwater program; he wrote the first industrial stormwater permit as well as the first municipal permits. He also was responsible for assembling the state’s first stormwater manual.

Ed has always been one of the leading advocates for addressing stormwater problems at the basin or subbasin scale by acknowledging that land use decisions drive both stormwater impacts and solutions. This is an area where Ed has shown true leadership

Awards 5

throughout the stormwater community in Washington. He has persisted in pushing this issue in every venue possible: low impact development, updating the stormwater manual and municipal permits. Washington State has one of the strongest stormwater management programs in the country and Ed is largely responsible for this achievement. Ed has also served on Thurston County’s Eld Inlet Watershed Committee that produced one of the first watershed-based water quality protection and restoration plans in the state. As a result, shellfish beds in Eld Inlet have been re-certified for use and saved from pollution. New development must abide by strict water quality protection standards. Residents in the watershed take great pride in keeping the inlet clean and safe for swimming and fishing. Through this work Ed helped Thurston County create its first Stormwater Management Utility. The utility has improved the management of stormwater so that rivers, streams, lakes and salt water are cleaner today.

You are water

I’m water

We’re all water in different containers

That’s why it’s so easy to meet

Someday we’ll evaporate together

Yoko Ono

Awards 6

2013-2014 STUDENT FELLOWSHIP AWARDS

WA-AWRA is seeking nominations for 2013–2014 Fellowship Awards of $2,000 each. Two fellowships are offered. One, the Rod Sakrison Memorial Fellowship Award will be to a member of an AWRA Student Chapter at a Washington school. In 2007 the Section board of directors dedicated this award to the memory of Rod Sakrison in recognition of his effort to increase student involvement in AWRA. Rod was a two-time board president and was instrumental in establishing the University of Washington AWRA Student Chapter. The other award will go to a student enrolled in a graduate program at a college or university in Washington State. Both fellowships are for a full-time graduate student completing an advanced degree in an interdisciplinary water resources subject. In addition to $2,000 in cash, each award includes a one-year membership in both the State and National AWRA, a one-year subscription to the Journal of the American Water Resources Association, and admission to the Washington State Section Annual Conference.

Applications will be accepted at any time between the date of this posting and October 30, 2013. Students are encouraged to submit applications early. The Board will approve the selections no later than the December 2013 Board meeting. Special recognition will be given to the fellowship recipients at an AWRA Washington Student Section function following announcement of the award.

Further information about the fellowship and an application form are available on the section website (www.waawra.org) or by contacting Stan Miller, Fellowship Committee Chair: [email protected].

7 Past Presidents

AWRA WASHINGTON SECTION LIST OF PAST PRESIDENTS

2012 Scott Kindred

2011 Beth Peterson

2010 Felix Kristanovich

2009 Jamie Morin

2008 Jacque Klug

2007 Cleve Steward

2006 Mona Thomason

2005 Tom Martin

2004 Joe Mentor Jr.

2003 Anne Savery

2002 Stephen Hirschey

2001 Fran Solomon

2000 Pete Sturtevant

1999 Teresa Platin

1998 Adam Gravley

1997 Rod Sakrison

1996 Rod Sakrison

1995 Jackie Hightower

1994 Paul Korsmo

1993 Peter Willing

1992 Stan Miller

1991 Rachel Friedman-Thomas

1990 Joan Lee

1989 Bill Eckel

1988 David Brown

1987 Alan Ward

1986 Dale Anderson

1984 George Wannamaker

1982 Nancy Nelson

1981 Chuck Mosher

1980 Kris Kaufman

1979 Gary Minton

List of Past Conferences

8

AWRA WASHINGTON SECTION LIST OF PAST CONFERENCES

2012 The Columbia River, Basin, and Treaty 2011 A Perspective on Water Quality Issues Across Washington State 2010 Water Rights: Investing in 21st Century Water Management 2009 AWRA National Conference, hosted by WA-AWRA 2008 The Future of Water Storage in Washington State 2007 Transboundary Water Resources of Washington State and British Columbia 2006 Water Resource Disasters in Washington: Risk and Recovery 2005 AWRA National Conference, hosted by WA-AWRA 2004 The Impact of Climate Change on Pacific Northwest Water Resources 2003 Water’s Woven Web: Land Use Planning and Water Resource Management in

Washington 2002 Beyond Watershed Planning 2001 The Impact of Drought on Water Resources and Energy Management in the

Northwest 2000 Water Marketing in Washington: Negotiating for a Future 1999 Impressions of 1999 State Water Legislation-Including ESA Update and Pending

4(d) Rules 1998 ESA, Economy, Salmon and Agriculture…Where is the Water? 1997 Balancing Instream Needs with Out-of-Stream Demands 1996 The Water ‘Crisis’- Myth, Reality, and Opportunities 1995 Water Quality/Water Quantity: An Artificial Distinction 1994 Fluvial Geomorphology: What We’ve learned in 20 Years, and where do we go

from here? Interactions: River Dynamics, Land Forms and Land Use. 1993 Good Science, Good Decisions: The Role of Technical Analysis in Water Policy 1992 Reconciling Water and Growth 1991 State Water Policy and Growth Management 1990 Construction and Streams, Lakes and Wetlands: Closing the Gap between Planning

and Doing 1989 New Developments in Floodplain Management 1988 Hydrology and Erosion Aspects of Timberland-Urban Conversions 1987 Attaining Compliance: Realities of Water Quality Regulation 1986 Off-site Impacts of Eroding Soils 1984 Groundwater Protection in Washington State, Preventing Aquifer Contamination

and Depletion 1983 Small Streams and Lakes in the Urbanizing Environment-Will They Survive?

Washington and Idaho Lakes and Their Future 1981 Water Resources Implications for Small Hydro Power Generation.

Water belongs to us all. Nature did not make the sun one person's property, nor air, nor water, cool and clear.

Michael Simpson, The Metamorphoses of Ovid

Conference Program and Abstracts 9

CONFERENCE PROGRAM AND ABSTRACTS Morning Program

7:30 Conference Registration See the registration table to sign in for WSBA Continuing Legal Education credits or Certified Water Rights Examiners (CWRE) credits.

8:00 Welcome by Co-Chairs Chris Pitre, Golder Associates Megan Kogut, University of Washington

8:10 Keynote Speech Maia Bellon, Esq., Director, WA Department of Ecology

Maia Bellon will share the unique perspective she developed on the front lines of water management after becoming the first ever Water Resources program manager appointed director of the Washington Department of Ecology. She will speak on progress and challenges in the following:

1) With the 2013-2015 budget, Ecology will be able to fill several vacancies in the Water Resources Program. Ecology has been directed by the Legislature to meet a permitting target of 500 water right application decisions per year, or risk having its budget reduced by $500,000. The lack of a stable funding source compounds the difficulty of providing timely and efficient water right permitting decisions while at the same time preparing to meet other challenges on the horizon like climate change.

2) As is often the case, the Yakima Basin is the crucible of water policy in the state. The basin’s water supplies are fully appropriated and continue to fall short of the needs for fish and wildlife, dry-year irrigation and municipal water supplies. In response, the Legislature passed two major bills: (ESSB 5035, a $135M capital budget bill; and 2SSB 5367, the Yakima Policy Bill) essential to the Yakima River Basin Integrated Plan.

3) The consideration of water availability in land use planning is increasingly prominent as a growth management issue. Growth Management Hearings Boards, both east and west of the Cascades, have issued significant orders challenging the adequacy of county comprehensive plans with respect to the protection of water resources. Counties must consider water availability before approving new developments. Historically, local governments have confined their analysis to whether water is physically, or factually available. That changed when the state Supreme Court held in Kittitas County v. Eastern Washington Growth Management Hearings Board (2011) that counties must also consider the legally available of water, i.e., is the water already spoken for, or has the state closed the area for further appropriation? Most recently, the Western Washington Growth Management Hearings Board issued a notice of noncompliance to Whatcom County, citing the county’s failure to adequately protect water resources. While that decision has been appealed by the County and other parties, Ecology is developing guidance to help counties assess legal water availability.

4) We expect that the State Supreme Court will soon be providing a ruling on Ecology’s authority to invoke the “overriding considerations of public interest clause”, or OCPI. OCPI is a mechanism in the State Water Code that allows Ecology to provide water for out-of-stream use that might result in diminishment of ows that are necessary for preserving instream resources. Ecology’s application of this rule in the context of the Skagit River instream flow was challenged by the Swinomish Tribe.


SESSION 1: DRIVERS AND OPPORTUNITIES

Moderator: Tom Ring, Yakama Nation Water Resources Program

8:40 What Will Washington’s Waters Look Like in 2040? Rachael Paschal Osborn, Esq., Center for Environmental Law and Policy

Over-appropriation, population growth and climate change ever increase the pressure on Washington’s water resources. Existing laws (statutes, regulations, executive policy, and court decisions) will be examined in the context of the constraints and opportunities they provide to achieving balanced water resource management.

9:15 Instream Flow Rules Ann Wessel, WA Department of Ecology

Instream flow rules are a basic business practice for water resources management. Ecology’s approach to instream flow protection rules has shifted since the first rules were adopted in the 1970s, and will continue to evolve as new challenges and constraints arise. Recent rules reflect local watershed planning, future water supply needs, and consideration of treaty obligations. The approaches applied to address these needs will be discussed along with current challenges that are driving exploration of alternative technical and policy approaches.

9:45 In/Out-of-Kind/Place Mitigation Rich Hoey, City of Olympia

In early 2012, after many years of regional coordination, the cities of Lacey, Olympia and Yelm and the Nisqually Indian Tribe obtained approval of a significant package of individual water rights applications. The regional coordination on groundwater modeling, mitigation and state and tribal engagement was unprecedented – and was ultimately the key to a successful outcome for all parties. This presentation will provide an overview of the regional approach to modeling, mitigation and negotiation, and reflect on success factors and lessons learned.


SESSION 2: RE-ALLOCATION & STORAGE

Moderator: Tyson Carlson, Aspect Consulting

10:30 Surface Water Storage Bob Montgomery, Anchor QEA

Most all large dams built in Washington State were constructed prior to the 1970’s. The dams are mainly used for water supply for irrigation and municipal needs, hydropower generation and flood control. Dam construction stopped because of a number of environmental and social issues, including impact on fisheries. Those impacts continue at most existing dams and extensive mitigation programs are underway on a number of projects. Also, it has been recognized that dams have useful lives and should be removed if their impacts outweigh their benefits of operations. That has recently occurred at several sites such as the Elwha River dams and Condit Dam.

Recently, a number of large dams have been studied in Washington State. These dams are different from their predecessors because they are being configured to bring multi-


purpose benefits such as improved instream flow and temperature as well as water supply for irrigation and municipal needs. Three separate proposals for new dams are discussed in the presentation and the multi-purpose benefits described as well as the potential impacts from the dams and the costs.

11:00 Groundwater Storage Chris Pitre, Golder Associates

Aquifer Storage and Recovery (ASR) projects in Washington State span the range of feasibility to operational stages. However, no permits have been issued to provide guidance to project proponents upon which to base financial and planning decisions. This talk will address: determination of recoverable quantity; regulatory changes needed on water quality regulations (WAC 173-200); and, cost competitiveness of ASR projects with other water management options. Regulations in other states will be presented as examples for Washington to consider.

11:30 Water Banking/Markets Bob Barwin, WA Department of Ecology

This presentation will describe the physical, legal, and financial circumstances and considerations associated with the origin and operation of four water banks or exchanges now operating in Washington. They are the Walla Walla shallow aquifer mitigation bank, the Dungeness Water Exchange, the Yakima Water Exchange, and water banking within the Columbia River Water Supply Development Program.

The water banks or exchanges represent different combinations of publicly funded and operated banks and privately operated banks. Common factors that led to successful start-up of each bank and the legal, social and financial environment that result in different organizational and financial structures for each bank and exchange will be illustrated through comparisons and examples. Two recently developed new tools, one by the Dungeness Water Exchange and one by Ecology in partnership with the Swauk Creek Water Bank, will show how the ‘tool box” associated water banking has continued to evolve to better respond to local market conditions.

Lunch Program

12:00 Lunch: provided for all conference registrants.

12:20 Lunch Presentation:

The Changing Footprint of Water Use in the Columbia Valley from A to V (from Alfalfa to Viticulture) Tuck Russell

Agricultural operations are the chief users of water in the Columbia Valley. Given the increasing probability of curtailment of water deliveries in coming years, holders of junior water rights, in particular, should be concerned about their ability to get a water intensive crop through the season. Will this mounting uncertainty cause a shift to production of less water intensive crops? Increased conservation will be inadequate for many growers. It may buy some time, but is it worth the investment if it ultimately fails? If a grower must make this switch, being behind the curve will hurt competitiveness.

Some people feel the rain. Others just get wet.

Bob Marley


Afternoon Program

SESSION 3: FRAMEWORKS AND BASIN SOLUTIONS Moderator: Jason McCormick, Washington Water Trust

1:00 Innovation in Flow Restoration and Water Banking Amanda Cronin, Washington Water Trust

New transactions and innovative tools for flow restoration will be discussed by Washington Water Trust. Water banking that helps meet instream and out of stream needs with an in depth look at the Dungeness Basin Water Exchange which launched in January of 2013 will also be presented.

1:30 Yakima Basin Integrated Plan Steve Malloch, Esq., Western Water Futures

The Yakima Basin Integrated Plan spans a broad range of tools and objectives, including increasing the reliability of water supply as well as environmental restoration and fish passage/habitat. Although no one constituency considers the Plan perfect, the significant benefits provided, and probability of actually realizing them, garnered the endorsement of most stakeholders. The process of reconciling differences and compromises made to get to where we are will be reviewed, as will be the next steps, the big outstanding issues and possible trajectories of the project.

2:00 Wenatchee Instream Flow Rule Mike Kaputa, Chelan County Department of Natural Resources

The Wenatchee-Icicle integrated planning process will be discussed including water supply/conservation/instream flow projects being considered. Reservations under OCPI, mitigation structure, and water management will be discussed.


SESSION 4: LEADERSHIP, LEGISLATION AND POLICIES

(PANEL SESSION)

Moderator: Adam Gravley, Esq.,

Van Ness Feldman, LLP

2:50 Bruce Wishart, Esq., Washington Water Futures Laura Merrill, Washington State Association of Counties Sharon Haensly, Esq., Squaxin Island Indian Tribe Tom Tebb, WA Department of Ecology

4:40 Closing by Co-Chairs

4:45 Annual Section Report and Outstanding Service Award

5:00 – 7:00 Reception

Water links us to our neighbor in a way more profound and complex than any other.

John Thorson

13 Keynote Speaker

KEYNOTE SPEAKER – MAIA BELLON

Maia D. Bellon, Esq. has served as the director for the WA Department of Ecology since February 2013. As director she oversees 10 environmental programs and a budget of $500,000,000 for protecting the air, water and land of the State of Washington. Prior to her appointment as director, she was Ecology’s Water Resources Program Manager since July 1, 2011, directing a staff of 130 people to manage the state’s water. From June 2010 to June 2011, Maia was the deputy program manager for the Water Resources Program.

Before joining Ecology, Maia served as an assistant attorney general with the Ecology Division of the Washington State Attorney General’s Office. In that role she provided both client advice and litigation support for Ecology on a broad array of issues ranging from the State Environmental Policy Act to the Public Records Act. She was a member of the Waste Section of the Ecology Division from 1994 to 2000. During that time she served as the lead attorney for the underground storage tank program and was Ecology’s lead advisor on mining and Model Toxics Control Act voluntary cleanup issues. She was also the lead attorney for Ecology’s Air Quality Program for two years. From 2000 to 2001 she was the special assistant to the president for Civil Rights and Legal Affairs at The Evergreen State College. Maia then returned to the Ecology Division of the Attorney General’s Office in 2001 and focused her practice on water law for the next nine years. Maia also served on the Executive Committee of the Environmental and Land Use Law Section of the Washington State Bar Association from 2005-2010.

14 Speaker Biographies

SPEAKER BIOGRAPHIES

Bob Barwin, Speaker Robert F. Barwin, PE is a professional engineer with 34 years of experience in the Washington State Department of Ecology’s Water Resources and Water Quality programs. He has served in a variety of engineering and management positions. He currently leads Ecology’s Water Right Acquisition Program and supports water-related policy initiatives including development of water banks and water management rules.

Tyson Carlson, Moderator Tyson is a Senior Hydrogeologist with Aspect Consulting with 12 years of experience specializing in water resource development and water rights. Serving private and public sector clients, Tyson’s water rights experience includes both new appropriations – municipal, agriculture, fish propagation, and commercial/industrial purposes – and transfer/change of existing rights, including use of the State’s Trust Water Right Program (TWRP) for purposes of instream flow, habitat, and mitigation through water banking.

Tyson’s strong background in analytical and numerical groundwater modeling is often used in the development of site-specific conceptual models describing groundwater-surface water interaction, saline intrusion, well hydraulics, and aquifer sustainability. These skills are also used in Tyson’s work in large-scale hydrogeologic characterization – such as regional tunnel alignments, contaminant fate and transport modeling, and construction dewatering design.

Tyson has a BS in Soil, Water, and Environmental Science and a MS in Hydrology from The University of Arizona. Outside of the office, he can be found skiing the deepest of Cascade powder, on his bike, or fly fishing his favorite waters.

Amanda Cronin, Speaker Amanda Cronin joined Washington Water Trust in 2006. Amanda works in both western and eastern Washington watersheds to negotiate water right acquisitions for environmental flow restoration. Providing strategic guidance for water resource planning, Amanda is also involved in designing and implementing water banking and flow mitigation programs statewide. As a habitat biologist and later as watershed program coordinator for the Moscow, Idaho based Palouse-Clearwater Environmental

Institute, Amanda also has a background in watershed management, habitat restoration and collaborative decision-making. At Palouse-Clearwater Environmental Institute Amanda managed urban and rural riparian, floodplain and wetland restoration projects designed to improve habitat and meet water quality standards. Amanda holds a B.A. in Biology and Environmental Studies from Whitman College and an M.S. in Environmental Science and Policy from Northern Arizona University. Her graduate research explored the role of Native American tribes in Collaborative Watershed Management in the Desert Southwest and Pacific Northwest United States.


Adam Gravley, Moderator Adam Gravley is a partner with Van Ness Feldman in Seattle, Washington. The law firm concentrates in the areas of energy, environment, natural resources, real estate and land use, and governmental relations. Adam practices environmental and water law with a focus on water resources development, transactions, civil litigation, and public policy. Recent projects include Lake Tapps water rights, working on legislation to reform fire hydrant law, negotiating long-term water supply agreements, and advising clients about new instream flow and water banking rules. Adam is a past President of the American Water Resources Association (Washington Chapter) and past co-chair of the annual conference. He earned his bachelor’s degree from Kalamazoo College and law degree from Georgetown University.

Sharon Haensly, Speaker Sharon Haensly is an attorney in the Squaxin Island Tribe’s Legal Department. She has worked for tribes as both outside and on-reservation counsel for 20 years with an emphasis on natural resources and treaty rights, and briefly as an attorney for the U.S. EPA. Sharon graduated from Cornell University in 1981 with a B.S. in Natural Resources and from the University of Oregon School of Law in 1988.

Rich Hoey, Speaker Rich Hoey, P.E., is the Public Works Director for the City of Olympia. He was appointed to the position in March, 2012. Rich joined the City team in 2005 as Director of Water Resources overseeing the City’s Drinking Water, Wastewater and Storm and Surface Water utilities. He was instrumental in developing a number of regional water supply agreements with the Nisqually Indian Tribe and neighboring cities that will long benefit the growing Thurston County region. In 2012, Rich was awarded the National Professional Manager of the Year Award for Water Resources by the American Public Works Association.

Prior to joining the City of Olympia, Rich worked for the Washington State Department of Health, Office of Drinking Water for 13 years where he served as Deputy Director and Acting Director. Hoey was a United States Peace Corps volunteer in the Slovak Republic for two years in the mid-1990s. He holds a B.S. in Civil Engineering from Worcester Polytechnic Institute.


Mike Kaputa, Speaker Mike Kaputa, Natural Resource Department Director, Chelan County. Mike is the Director of the Natural Resource Department and has bachelor’s and master’s degrees in environmental science and environmental policy and planning from the University of Virginia. Mike has over 20 years of experience in natural resource planning, assessment and project implementation, including the past twelve years as Director of the Chelan County Natural Resource

Department. Mike is an appointed official to the Chelan County Commissioners and represents the County on land, water, and other natural resource issues.

Megan Kogut, Conference Co-Chair Dr. Megan Kogut teaches environmental policy, maritime history and field science at UW Tacoma. She has over ten years of experience in laboratories exploring metal fate and toxicity in coastal waters, drinking water quality, corals as indicators of sea temperature, anthropogenic carbon dioxide in seawater, and atmospheric gas transport. She also has ten years of experience with environmental programs and policy, including stormwater, sustainability and waste management. She has a BS in chemistry from the University of Washington and a PhD in environmental chemistry from MIT.

Steve Malloch, Speaker Steven Malloch, Esq. formed Western Water Futures LLC in August 2013 to provide strategic and project services to water users, NGOs and foundations, building on 30 years of working in water from technical, legal and political perspectives. Prior to founding Western Water Futures LLC, Steve served as National Wildlife Federation’s Senior Western Water Program Manager, where he created program that links habitat for fish and wildlife with adapting water systems to climate disruption. Earlier in his career,

he consulted with foundations and NGO’s on water policy and campaigns, served as Executive Director for the Western Water Alliance, and worked as Washington DC counsel for Trout Unlimited’s Western Water Project. Before shifting to the non-profit sector, Steve practiced environmental law and litigation in San Francisco with Graham & James. Steve started his career in water as a hydrogeologist, working on water supply and contamination projects primarily in the Western US. His degrees are in geology and law from the University of California at Davis, with an MS in Water Resources Administration from the University of Arizona. He is admitted to the Bar in Washington and California.


Jason McCormick, Moderator As a Project Manager working out of Washington Water Trust’s Ellensburg office, Jason specializes in all aspects of water resources management from broad water resources planning to water right due diligence. He has 6 years of experience as a water rights professional in the areas of water rights and fisheries, the State Trust Water Right Program, and water right transfers. Prior to joining Washington Water Trust in 2008, Jason worked as a permit writer for the newly formed Office of Columbia River

with Washington State Department of Ecology, and also served Senator Bob Morton in the Washington State Senate. He holds a B.A. in Geography and Land Studies from Central Washington University where he graduated Cum Laude. He is a native of Eastern Washington and currently resides in Zillah. When he isn’t working he enjoys spending time with his young family, pursuing steelhead and Salmon, hunting, hiking, and backpacking.

Laura Merrill, Speaker Laura Merrill is Policy Director at Washington State Association of Counties. Laura is a former County Commissioner, Pend Oreille County. Laura’s past work and educational experience include: two term commissioner, past member of WSAC LSC WSAC Board of Directors and NACo Board of Directors; Board Member, Washington State Community Economic Revitalization Board; and Chair of the Colville National Forest Resource Advisory Committee.

Born a Navy brat in Virginia, Laura was raised in Denver Colorado and lived in Eastern Washington for 15 years. Laura’s interests include her husband Gary, two busy daughters, and in her downtime she loves to read.

Bob Montgomery, Speaker Bob Montgomery is a water resources engineer with over 30 years experience in hydrologic and hydraulic engineering and water resources management in Washington State. He graduated with B.S. and M.S. degrees in Civil Engineering from the University of Washington. His recent experience includes leading technical analyses addressing surface water storage, reservoir management and instream flow improvement for the Yakima River Basin Integrated Water Resource Management Plan, managing surface

water storage studies in the Chehalis River Basin and preparing numerous water storage studies throughout Washington State. He is a Partner at Anchor QEA in Seattle, an environmental and engineering consulting company.

Where the waters do agree, it is quite wonderful the relief they give.

Jane Austen, Emma


Rachael Paschal Osborn, Speaker Rachael Paschal Osborn, Esq., is a public interest water lawyer and has represented Native American Tribes, citizen groups, labor unions and small communities in the quest to protect rivers and aquifers in Washington and Idaho. She serves as senior policy advisor to the Center for Environmental Law & Policy, director of the Columbia Institute for Water Policy, and teaches water and environmental law at Gonzaga University Law School in Spokane. She co-founded Washington Water Trust. Recent publications include “Native American Winters Doctrine and Stevens Treaty Water Rights: Recognition, Quantification and Management,” “Hydraulic Continuity in Washington Water Law” and “Climate Change and the Columbia River Treaty.” Rachael received a B.A. in Environmental Studies and a J.D. from the University of Washington, Seattle.

Chris Pitre, Speaker and Conference Co-Chair Chris Pitre has worked in the field of natural resources since 1979, and in water resources of Washington State since 1992. He practices a broad spectrum of water resource applications. Specialty practice areas include water supply, water rights, hydrogeology, reclaimed water, and Managed Aquifer Storage/Aquifer Storage and Recovery (MAR/ASR).

Chris provides client guidance; project conception, development and management; cost control and logistical coordination; and the integration of technical and policy

considerations. He has facilitated multi-stakeholder groups through water resource management processes using effective communication of technical processes to technical and layperson audiences. He participated in the Washington ASR rule development (WAC 173-157), was an invited presenter to the National Academy of Sciences on Managed Underground Storage, and spent 2011-2012 implementing MAR programs in Australia in an evolving regulatory environment. He works within Golder’s Pacific Northwest water practice group, which includes groundwater recharge projects across Washington and Oregon. He has worked across North America from the Arctic to Mexico, and in Australia implementing MAR projects.

Tom Ring, Moderator

Tom is a hydrogeologist with the Water Resources Program of the Yakama Nation. He has held this position since 1990 and, in that role, has worked on a variety of projects involving groundwater and surface water quantity and quality, water rights, irrigation and fisheries issues and planning for future water needs. Previously he worked for the Water Resources Program at the Washington Department of Ecology. Tom has Bachelors and Masters of Science degrees in geology from Central Washington University and Northern Arizona University respectively. He has taught geology and

hydrogeology classes at Central Washington University and is a licensed geologist and hydrogeologist in Washington State. When not working, he enjoys hiking, climbing, and skiing in the mountains of the west.


Tuck Russell, Speaker Tuck is a freelance writer who moved to Yakima from San Diego in 2006 to take advantage of the sunshine, wine, climbing, and hiking -- and inexpensive real estate. Tuck worked for several years for a small Prosser winery, mainly in the cellar and laboratory, and a bit in the tasting room and vineyard. Tuck writes about the wine industry and environmental issues, and sometimes both at once. Past stories have covered the challenges of restoring

Pacific Lamprey in the Columbia Basin, and the movement of the Washington wine industry towards “sustainability.” He is currently researching the topic of artificial aquifer recharge. Tuck serves on the Citizens' Committee of the Yakima Basin Fish and Wildlife Recovery Board.

Tom Tebb, Speaker Tom has over 29 years of environmental and engineering experience in both the private and public sectors. Currently, Tom is the Regional Director for the Department of Ecology in its Central Regional Office located in Yakima and has held this position since 2008.

Water in the Yakima River basin is fully spoken for and in some years, domestic and municipal water users have been required to shut off their water. Tom’s leadership and vision have

brought Kittitas, Yakima and Benton County officials and the Washington Department of Ecology together to address this complex and controversial issue. Tom received the Governor’s Leadership in Management Award from Governor Chris Gregoire in 2012 for his work on this issue for Washington State.

Tom received his Bachelors of Science degree from Western Washington University in Environmental Geology and completed advanced studies in geotechnical engineering at University of California, Berkeley. Tom is a licensed geologist, hydrogeologist, and engineering geologist in the State of Washington. Now residing in Prosser, Washington, Tom grew up in a farming family in the lower Yakima Valley. In his spare time, he enjoys being outdoors hunting and fishing.

Ann Wessel, Speaker Ann Wessel is the lead rule writer for the Water Resources Program at Department of Ecology. She was responsible for adoption of water management rules for the Quilcene-Snow and Dungeness watersheds. She has worked at Ecology for 25 years. Prior to working with Water Resources she worked in the Water Quality Program and developed the state’s municipal stormwater permit program. She started her career in environmental management working for Whatcom County, administering the County’s Shoreline Management program. Ann has a BS in Marine Resource Management from WWU and a Master’s in Marine Affairs from UW.


Bruce Wishart, Speaker Bruce Wishart has represented non-profit environmental groups before the state legislature for 26 years. He served as Lobbyist and Chapter Director for Sierra Club from 1987 until 1999. Following his work at Sierra Club, he was hired by People for Puget Sound as Policy Director for the group, where he worked for the next 12 years. In 2012 he formed a public affairs firm in Olympia which represents several non-profit environmental organizations, including Sierra Club and the Center for Environmental Law and Policy (CELP). Bruce is a graduate of the University of Oregon School of Law (J.D. 1985).

cover photographs courtesy of brian walsh 20… · tom tebb, wa department of ecology 4:40 closing...

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