Local Ownership of Water Resource Management for a Healthier Future

1. Local Ownership of Water Resource Management for a Healthier Future

2. Introducing the Watershed Improvement District Concept The Goal: A Healthy future for our environment, our economy and our way of life

3. The Challenges • Sustainable Resource Management • Regulation and the Future of Agriculture • The Multi-Agency Morass The Solution • Performance or outcome-based management • Local ownership of solutions • The Watershed Improvement District Concept

4. Sustainable Resource Management • We now know that resources are limited—we cannot repeat the mistakes of the past • The emphasis is on finding ways to farm, live, support jobs, and still protect or even enhance the environment and natural resources for the future. Fish habitat improvement on a Whatcom County farm.

5. Water Issues • A healthy future for our community depends on : • Water Quantity—supplies must be allocated among all those with need and legal rights • Water Quality—our clean water must be protected and declines in water quality need to be addressed • Fish and Wildlife Habitat—fish and wildlife depend on quantity and quality as well. A major force for change: the passage of the Endangered Species Act creates new urgency and demands on water resource management

6. Regulations A variety of government agencies are addressing issues of quantity, quality and habitat: Environmental Protection Agency—enforces the Clean Water Act Department of Ecology—enforces water rights, state regulations and Clean Water Act Washington Department of Fish and Wildlife—enforces habitat requirements and fisheries US Fish and Wildlife--enforces habitat requirements and fisheries NOAA Fisheries (replaced NMFS)—enforces Endangered Species Act Corps of Engineers—limited involvement in selected issues

7. Major Drivers Clean Water Act—determines quality standards Endangered Species Act—salmon habitat protections State Water Code—specifies water rights, managed by Ecology State Hydraulic Code—all stream activities require permits—a challenge for drainage Tribal Claims—has legal claim to extensive water resources Citizen Lawsuit Provisions—rights under Clean Water Act and Endangered Species Act create high uncertainty Liability Concerns—agencies concerned about liability under various laws react by refusing to make needed decisions

8. Pressure on Agriculture and Landowners Current regulatory environment causes: • Uncertainty—has become so complicated with so many different agencies that few are certain what the rules are • Paperwork—each major landowner has increasing reporting burdens • Micromanagement—agencies have authority to determine very specific remediation actions • Inaction—refusal of some agencies to act increases risk and uncertainty • Risk—lawsuit provisions creates uncertainty • Economic Risk—limits investment because of uncertainty

9. Environment and Farming • Without agriculture, the most likely result would be further urban sprawl • Farmers face significant pressures in addition to environmental regulations • A way must be found to meet the requirements that does not place burdens on farmers that result in loss of farms and an increase in urban sprawl.

10. The Challenges—Summary • Sustainable Resource Management • Environmental protection is essential for a healthy future • Regulation and the Future of Agriculture • Regulatory, legislative and legal requirements are making farming an increasingly challenging and risky enterprise • The Multi-Agency Morass • Resource management is ineffective • Uncertainty makes compliance difficult • No way to effectively accommodate positive, pro-active locally-based initiatives

11. The Solution • Performance or outcome-based management • Local ownership of solutions • The Watershed Improvement District Concept • Building trust with tribes and resource management agencies

12. Performance-based Management • Performance vs. Prescriptive Management • An education analogy: • What if there were a number of education regulatory agencies who told each teacher what to teach and how to teach in order to insure each student was educated? • Performance-based water resource management describes required standards to meet. • It does not determine every detail of meeting those standards for each landowner.

13. Agencies Local Ownership Now: Multiple agencies determine actions for each landowner Landowner Agencies Landowners With WID: Performance standards and agreements negotiated. Neighbors determine their own plans to meet standards and agreements. Standards & Agreements WID

14. Think of it as a school board for resource management As the local school board exercises local ownership of education and determines best strategies for achieving education objectives, the Bertrand WID will provide local ownership of meeting water quality, quantity and wildlife habitat standards. (It’s not that there won’t be difficult issues to resolve, but they will be resolved at the neighborhood level rather than in Washington D.C., Olympia or even Bellingham.

15. The Watershed Improvement District Concept • Uses existing laws establishing Irrigation Districts (used primarily in Eastern Washington) • Provides a legal entity to enter into contracts and negotiate standards for the group • Allows for water resource management and environmental improvements on a sub-basin scale rather than individual properties • Allows for local ownership of plans • Provides funding mechanism for compliance or initiated improvement projects • Assists in securing grant funds

16. The Bertrand Watershed Improvement District North: International Boundary South: Willeys Lake Road East: DoubleDitch Road West: Markworth/Bob Hall Roads

17. How Bertrand WID Will Help Manage:Water Quality Bertrand WID will negotiate performance standards with all agencies for the watershed as a whole including: • Required flows throughout stream • Quality, including: • Dissolved oxygen • Turbidity • Fecal coliform • Temperature

18. How Bertrand WID Will Help Manage:Water Quantity & Rights The WID will: • Negotiate with DOE for water rights (Water rights negotiation based in part on environmental enhancements to be managed by WID) • Allocate rights and responsibilities at local level

19. How Bertrand WID Will Help Manage:Legal Risk Landowners face significant risks relating to resource management, including: • enforcement • “takings” from legal action by environmental groups or individuals • Tribal claims on water rights The WID will help manage those risks by: - assuring compliance within the watershed - protecting against “takings” of endangered species - incorporating the Tribes into the process to eliminate friction and uncertainty

20. How Bertrand WID Will Help Manage:Habitat As in water quality standards, the Bertrand WID will negotiate with state, federal and local agencies to establish clear habitat standards for the entire watershed. This will allow greater flexibility and more effective habitat protection and improvements.

21. How Bertrand WID Will Help Manage:Additional Environmental Improvements If they choose, the Bertrand WID can plan and initiate environmental improvements that go beyond compliance. The WID provides the structure for neighbors to work together to determine their own standards and actions. In addition, the WID will open the door to environmental grants facilitating the use of these funds for the benefit of all landowners in the district.

22. Local Structure Formation Approval by election with 2/3 of voters favoring Votes based on land ownership (2 votes for each 5 acres) Elected Board of Directors Costs and Assessments Directors will be compensated for their time in carrying out the duties of the District Services can be contracted to individuals or existing agencies Lands will be assessed at .50/acre unless a higher level approved by 2/3 approval of landowners Federal and state grants anticipated through District District can also be funded through contractual services to landowners