SEQUIM — When it comes to divvying up water in the state, it’s “first in line, first in right.”
“That kind of underpins a lot of our problem with water today,” said Shirley Nixon, a Port Angeles attorney who specializes in environmental law.
“First in line don’t have to give up any of their water. They don’t have to share.”
Nixon, as well as Amanda Cronin, Washington Water Trust project manager — a river and stream restoration group with offices in Seattle and Ellensburg — and state and county officials presented an educational League of Women Voters-sponsored forum Wednesday night, “Managing our Water,” at St. Luke’s Episcopal Church in Sequim.
The forum, which drew more than 100, was scheduled in light of pending state in-stream flow rules for the eastern portion of Water Resources Area 18 that will be set with an eye toward providing enough water for human consumption as well as salmon in the Dungeness River and feeder streams in the Dungeness Valley.
The east half of WRIA 18 stretches from Bagley Creek to west of Blyn.
Simply put, Nixon said, the first come-first served state law covering the individual’s right to beneficially use water means new users must not impair the use of those with water rights who came before them.
Bottom line: If water is scarce, there is not sufficient supply for a new water user to obtain a permit to build a new home.
Unfair? Yes, Nixon said.
Prevent a crisis
The good news is there are ways to prevent such a water crisis from happening and avoid conflict with economic growth, said Cronin, who added that about 20 wells existed in 1970 in the Dungeness Valley compared with hundreds today.
“There has been a tremendous increase of wells drilled and put in use over the past 20 years,” she told the audience.
Options include water conservation and water market options that allow temporary leasing or outright purchase of water rights or water rights donations.
Senior water rights, outrank junior or new rights, in effect, and the junior water right holders must interrupt their water use in times of water scarcity so that senior water right holders may access their full quantity allowed under their state permit.
“If there is not enough water around for senior water rights, junior water rights can’t use it,” Cronin said.
State water law dates back to 1918.
In-stream flow rule
The more recent Department of Ecology’s state Legislature-mandated “in-stream flow rule” is a proposal that establishes minimum water levels for rivers and streams to protect things of value, such as fish and wildlife habitat.
The proposed Dungeness in-stream flow and water management rule was drafted by Ecology, working through local governments and agencies, the James-town S’Klallam tribe and other interested residents.
Recommendations from the locally developed Elwha Dungeness Watershed plan form the rule’s foundation.
The Clallam County commissioners adopted the plan in 2005, which led Ecology to develop an in-stream flow and management rule that covers the eastern half of the county.
The proposal, once publicly vetted and adopted by Ecology, means that if water levels fall below what is required under the in-stream flow rule, then water use can be limited or cut off altogether.
While water is a public resource, under state law, those with water rights don’t have the right to keep it.
State law provides that anyone who does not use a water right for five years forfeits the right, commonly called the “use it or lose it” law.
As an example, Nixon said that anyone can drive on U.S. Highway 101, but no one owns any part of the road.
State Ecology is the water trustee designated by elected state lawmakers and charged with managing the public’s water.
Water for the river
The rule is established by scientists who tell Ecology what amount of water needs to be left in the river — a nonconsumptive water right for the river itself.
That level must be maintained so it allows water to flow at the tap while allowing enough water for salmon habitat.
Under the proposal, new homes can still be built in areas already served by Clallam County Public Utility District or other small water utilities or communities with existing wells.
For new homes and businesses that cannot hook up to an existing supply, other ways of getting water under the rule include:
• Mitigating via the Dungeness Water Exchange by buying into the exchange developed by the county, Ecology and Washington Water Trust.
• Mitigating on ones own by submitting a mitigation plan to Ecology for getting a subdivision approved or a building permit.
• Gaining access to small water reserves set aside for each sub-basin to provide indoor water.
Nixon said it was unlikely that any new public water systems would be allowed under the new rule.
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Sequim-Dungeness Valley Editor Jeff Chew can be reached at 360-681-2391 or at jeff.chew@peninsuladailynews.com.