Welcome to Skagit County

March 11, 2004

SKAGIT COUNTY AND UPPER SKAGIT TRIBE ENTER INTO NEW MEMORANDUM OF AGREEMENT ON INSTREAM FLOW RULE

MOUNT VERNON, WA. – Skagit County and the Upper Skagit Tribe have negotiated an agreement that provides mitigation for development of domestic water supplies to meet future growth needs and to protect the instream resources of the Upper Skagit watershed, announced Don Munks, Skagit County Commissioner, and Marilyn Scott, Upper Skagit Tribal Chairwoman.

The new 2004 Memorandum of Agreement (MOA) calls on the Washington Department of Ecology to amend the agency’s Skagit River Instream Flow Rule to ensure an adequate, reliable water supply for County residents for whom no other source of water is realistically available, while at the same time ensuring the protection of fish. The MOA is necessary in order to make the Instream Flow Rule consistent with the 1996 Memorandum of Agreement between Skagit County and tribal, State, and other local governments.

“The County has been working diligently to reach agreement, and to make sure there is adequate and reliable water for people and fish,” said Commissioner Munks. “We are dedicated to protecting the Skagit Watershed, while at the same time ensuring there is a reliable water supply for the County’s rural residents.

The Upper Skagit Indian Tribe has always taken a holistic governmental view of its stewardship of natural resources. This agreement takes into account providing water for natural resources, and anticipated future growth in support of the regions economy,” said Marilyn Scott Chairman of the Upper Skagit Indian Tribe.

The Department of Ecology’s Skagit River Instream Flow Rule currently in effect precludes the development of exempt, domestic water supply wells for rural residents of the Skagit River watershed, outside of the Skagit PUD’s current water service area. Ecology’s 1996 MOA with Skagit County, Skagit PUD, Anacortes and the Sauk-Suiattle, Swinomish and Upper Skagit Indian tribes, protects instream aquatic resources, while at the same time provides for development of an adequate, reliable water supply for Skagit County residents.

Skagit County explicitly reserves the right to allow for development of exempt wells in the Upper Skagit watershed outside of the Skagit PUD’s current water service area. Consequently, the Instream Flow Rule is inconsistent with the 1996 MOA.

Skagit County has appealed Ecology’s Skagit River Instream Flow Rule.

There are four basic parts to the 2004 MOA, which provides a mitigation plan for future water use in the Upper Skagit Basin:

1. The Department of Ecology would commit to amend the Instream Flow Rule to exempt a limited amount of future water development in the Skagit Basin, for which mitigation is provided under the Agreement, and to provide funding to implement the Agreement.

2. Skagit County would commit to issue new building permits based on exempt well use only if the PUD or another existing water purveyer is unable to serve the applicant at a reasonable cost and in a timely manner.

3. The 2004 MOA would commit the Skagit PUD, and perhaps the City of Anacortes, to set aside a portion of their existing water rights to offset future water use throughout the Skagit Basin.

4. The MOA establishes water budgets for future out-of-stream uses in 21 Skagit River tributaries with critical salmon habitat. Use of an exempt well in any of the listed tributaries would be contingent on meeting the established water budget, unless there is an approved plan that mitigates new water useThe county commissioners will consider formally approving the agreement on March 17, 2004. The Commission also will consider authorizing the Skagit County Prosecuting Attorney’s office to file a Petition, under the State Administrative Procedures Act, to amend the Skagit Instream Flow Rule, as provided under the Agreement. The Agreement will need participation from Ecology and Skagit PUD to be fully implemented. Approval from these agencies is uncertain at the present time.

For further information, contact: Dan Berentson
Communications Director
360-419-3461