Group to sue state agency on Dungeness Water Rule

SEQUIM –– The Olympic Resource Protection Council plans to sue the state over a rule that governs water use in the Dungeness Valley.

The group agreed Thursday night to pursue a lawsuit against the state Department of Ecology in hopes it will force the agency to review the Dungeness Water Rule.

They have enlisted Seattle attorney Sarah Mack, according to council President Greg McCarry.

The cost of the case, likely to be filed in Thurston County Superior Court, is estimated to be $100,000 to $150,000, McCarry said.

The council has begun raising funds for the case through donations.

McCarry expects to receive support from outside the North Olympic Peninsula, saying many local governments and interest groups will pay close attention to the suit.

“This is something that’s probably going to be watched throughout the state,” McCarry said.

Petition rejected

Mack worked with the council on assembling a petition asking Ecology to negotiate on changes to the rule earlier this year.

Ecology rejected the petition March 18.

Water use in the basin was restricted by the Dungeness Water Rule, a measure instituted January 2013 by Ecology with the aim of preserving water in the Dungeness River for both human use and aquatic species when the river’s flow diminishes in dry summer months.

Ecology officials declined to comment on the suit because it has yet to be filed, but agency spokesman Dan Partridge said the water rule is working.

“We feel it’s working toward what we were trying to accomplish in the basin,” Partridge said. “And that is to protect the water supply for current and future users.”

The rule requires water users to offset water they draw from the basin for new uses.

The rule covers the eastern half of Water Resource Inventory Area 18, from Bagley Creek to Sequim Bay.

Landowner impacts

Members of the council, formed last October, say the rule negatively impacts property values by unnecessarily limiting landowners’ water use.

The council argued that Ecology misused a statutory justification known as “overriding consideration of public interest” when it set a minimum flow level for the Dungeness River.

In dismissing the petition, Ecology director Maia Bellon said her agents could address many of the council’s concerns administratively.

Several local agencies wrote letters to Ecology in support of the council’s request, including Clallam County commissioners, Clallam County Community Development Director Sheila Roark Miller, Port of Port Angeles commissioners, the Port Angeles Regional Chamber of Commerce, the Clallam County Economic Development Council, the Port Angeles Business Association and the Sequim Association of Realtors.

Although the council could have asked Gov. Jay Inslee’s office to reverse Ecology’s rejection of the petition, McCarry said they believed Inslee would reject their appeal.

Donations can be made through the group’s website, www.olympicresourcepc.org, or by phoning McCarry at 360-509-0633.

________

Sequim-Dungeness Valley Editor Joe Smillie can be reached at 360-681-2390, ext. 5052, or at jsmillie@peninsuladailynews.com.

More in News

EYE ON BUSINESS: This week’s meetings

Breakfast meetings with networking and educational… Continue reading

Port Angeles Parks Department workers walk along the Port Angeles City Pier moorage floats after they were removed for seasonal storage on Tuesday. The floats will be towed to a storage area near the McKinley Paper mill to protect them from winter winds and waves. (Keith Thorpe/Peninsula Daily News)
Seasonal storage

Port Angeles Parks Department workers walk along the Port Angeles City Pier… Continue reading

Port Angeles’ short-term code may come up short

Long-term impacts with affordable housing, other factors, remain to be seen

Clallam Transit to extend fare-free program

Agency has received $1.9M in two years from climate act, GM says

OMC Foundation awards $500K in scholarships

Students to receive medical training with hopes of working at hospital

Clallam County Juvenile Court Coordinator Candice Lawler stands in the foyer of the old courthouse in Port Angeles. (Keith Thorpe/Peninsula Daily News)
Juvenile services program shows youth ‘they are not alone’

Drug court coordinator shares personal experience with kids

Port Angeles identifies $3M for safety facility

City turns to tax sources, pushes road project

Port Angeles High School junior Tucker Swain, left, tries out a sample of roasted broccoli with ranch dressing dipping sauce prepared by Stacey Larsen, the district’s WSU Clallam Extension Farm to School consultant at the school’s cafeteria on Friday. Including locally grown produce like the Chi’s Farm broccoli into meals, increasing the amount of whole grains in foods and reducing salt and added sugar are part of the school district’s efforts to create healthier options and meet updated USDA nutrition standards. A new app provides students and parents a way to view menus and the nutritional content, calories and allergens in meal options. (Paula Hunt/Peninsula Daily News)
New flavors, new recipes for Port Angeles School District meal program

Goal is to promote healthy options for nutrition standards

Piping may help reduce flooding

Project aims to protect landowners, beavers

Jefferson County reduces its risk of fire danger

Collaboration moves level from high to moderate

One person was airlifted to Harborview Medical Center in Seattle after a fifth-wheel trailer was fully engulfed in flames on Friday. (Chris Turner/Clallam County Fire District 3)
One person flown to hospital after fire destroys trailer

A person was airlifted to a Seattle hospital after a… Continue reading

Motorcycle rider airlifted to Seattle hospital after collision

A 63-year-old man was airlifted to a Seattle hospital… Continue reading