Doug McChesneyDoug McChesneyWater Resources ProgramWater Resources ProgramWashington Department of Washington Department of EcologyEcology

Western States Water CouncilWestern States Water CouncilWater Resources Committee Water Resources Committee MeetingMeetingApril 1, 2004April 1, 2004

Challenges to ManagingChallenges to ManagingWashington’sWashington’s Ground Ground

WaterWater

Washington is Washington is notnot always wet always wet

Wet winters and dry summersWet winters and dry summers

East – West differencesEast – West differences

Development linked to waterDevelopment linked to water

Water supplies already stressedWater supplies already stressed

A Little Background . . .A Little Background . . .

Igneous bedrock (undifferentiated)Igneous bedrock (undifferentiated)

Columbia Plateau BasaltsColumbia Plateau Basalts

Miocene basaltic rocksMiocene basaltic rocks

Northern Rocky Mountains Intermontane BasinsNorthern Rocky Mountains Intermontane Basins

Pleistocene to Miocene basin-fill sedimentsPleistocene to Miocene basin-fill sediments

Puget-Willamette LowlandPuget-Willamette Lowland

Volcanic and sedimentary rocks (undifferentiated)Volcanic and sedimentary rocks (undifferentiated)

Major Aquifers of WashingtonMajor Aquifers of Washington

The 1917 Water Code - The 1917 Water Code - adopted prior adopted prior appropriation principlesappropriation principles

The Ground Water Code (1945) - The Ground Water Code (1945) - supplemental to 1917 Water Codesupplemental to 1917 Water Code

Water Resources Act of 1971 –Water Resources Act of 1971 – established water management established water management fundamentalsfundamentals

Major Statutes:Major Statutes:

The Ground Water Code:The Ground Water Code:

The underground water is part of or The underground water is part of or tributary to any stream or lake, ortributary to any stream or lake, or

A withdrawal may affect the flow of any A withdrawal may affect the flow of any spring, water course, lake, or other body of spring, water course, lake, or other body of surface watersurface water

The right of an appropriator and owner of The right of an appropriator and owner of surface water is superior to any subsequent surface water is superior to any subsequent ground water right if either:ground water right if either:

Water Resources Act of 1971Water Resources Act of 1971Fundamentals:Fundamentals: Perennial rivers and streams to have base Perennial rivers and streams to have base

flows necessary for preservation of:flows necessary for preservation of: WildlifeWildlife FishFish ScenicScenic aesthetic and other environmental valuesaesthetic and other environmental values navigational valuesnavigational values

Full recognition to be given to the natural Full recognition to be given to the natural interrelationships of surface and ground interrelationships of surface and ground waterswaters

Hydraulic continuity (“capture of Hydraulic continuity (“capture of surface water by wells”)surface water by wells”)

Ground water transfersGround water transfers

Ground water exemptionGround water exemption

Cross-boundary issuesCross-boundary issues

Key challenges:Key challenges:

Many streams have instream flowsMany streams have instream flows

Flows considered appropriative rightsFlows considered appropriative rights

Flows not being met more frequentlyFlows not being met more frequently

Many applications for water rightsMany applications for water rights

Ecology denied applications based Ecology denied applications based upon impairment of instream flowsupon impairment of instream flows

Challenge 1 - Continuity:Challenge 1 - Continuity:

PostemaPostema decision upheld finding of decision upheld finding of impairmentimpairment

Recognized fully-integrated approach to Recognized fully-integrated approach to managing surface and ground watermanaging surface and ground water

Approach called “the scientific ideal” – Approach called “the scientific ideal” – Glennon & Maddock Glennon & Maddock

• Processing water right applications made Processing water right applications made much more complexmuch more complex

The Situation:The Situation:

MitigationMitigation

StorageStorage

Watershed planningWatershed planning

Options for addressing:Options for addressing:

Legal framework in placeLegal framework in place In-kind measuresIn-kind measures

Same placeSame place Same amountSame amount Same timeSame time

Out-of-kind measuresOut-of-kind measures Habitat improvementsHabitat improvements Basin-level approachesBasin-level approaches

MitigationMitigation

Off-channel storageOff-channel storage

Aquifer storage & recoveryAquifer storage & recovery

Artificial rechargeArtificial recharge

StorageStorage

Locally-based groupsLocally-based groups Decisions by consensusDecisions by consensus Assess water resourcesAssess water resources Identify future needsIdentify future needs Recommend instream flowsRecommend instream flows Develop management strategiesDevelop management strategies

Watershed planningWatershed planning

Challenge 2 – Ground water Challenge 2 – Ground water transfers:transfers:

Ecology encourages transfersEcology encourages transfers Better chance to get water rightBetter chance to get water right Reduces impacts on streamsReduces impacts on streams Water supplies more reliableWater supplies more reliable

The Situation:The Situation: Law limits ability to transferLaw limits ability to transfer

Same body of public ground waterSame body of public ground water

Many discontinuous aquifersMany discontinuous aquifers Same hydrogeologic formationsSame hydrogeologic formations East – West differencesEast – West differences Flexibility limitedFlexibility limited

Require only one-way connectionRequire only one-way connection

Consider multiple aquifers as systemConsider multiple aquifers as system

Recognize regional differencesRecognize regional differences

Use impairment as sole testUse impairment as sole test

Options for addressing:Options for addressing:

Challenge 3 – GroundChallenge 3 – GroundWater Exemption:Water Exemption:

Small uses of water are exempt from Small uses of water are exempt from water right permitting processwater right permitting process

Statutory language ambiguousStatutory language ambiguous Number of wells unknown Number of wells unknown Extent of effects unknown Extent of effects unknown Impacts greatest on smaller streamsImpacts greatest on smaller streams

The Situation:The Situation: Permits are difficult to obtainPermits are difficult to obtain

Exemption used improperlyExemption used improperly

Courts have limited applicationCourts have limited application

Uncertainty and inconsistencyUncertainty and inconsistency

Limiting rural growthLimiting rural growth

Create reservationsCreate reservations

Develop accountabilityDevelop accountability

Variable applicationVariable application

Statutory modificationStatutory modification

Options for addressing:Options for addressing:

Challenge 4 - Cross-boundary issues:Challenge 4 - Cross-boundary issues:

Different areas; different problemsDifferent areas; different problems Other elements, e.g. water qualityOther elements, e.g. water quality Different statutory frameworks Different statutory frameworks Jurisdictional questionsJurisdictional questions Technical information inconsistent Technical information inconsistent

Areas with Cross-boundary IssuesAreas with Cross-boundary Issues

Abbottsford – Abbottsford – SumasSumas

Spokane - Spokane - RathdrumRathdrum

Portland - Portland - VancouverVancouver

Pullman - Pullman - MoscowMoscow

Walla WallaWalla Walla

Memoranda of understandingMemoranda of understanding

Informal working agreementsInformal working agreements

Watershed planningWatershed planning

Options for addressing:Options for addressing:

We can’t rely on old waysWe can’t rely on old ways of solving problemsof solving problems

We have many of necessary toolsWe have many of necessary tools

More pressure on resourceMore pressure on resource

Situations are more complexSituations are more complex

More pressure on toolsMore pressure on tools

Frontiers for experimentationFrontiers for experimentation andand innovationinnovation

Conclusions:Conclusions: