Welcome to Skagit County

May 22nd, 2006

SKAGIT COUNTY AGREES TO DISMISS APPEAL OF SKAGIT INSTREAM FLOW RULE

MOUNT VERNON, WA. – The Skagit County Commissioners announced today that Skagit County has reached an agreement with the Washington Department of Ecology to settle a long-standing dispute between the County and the state agency over regulation of water use in the Skagit River Basin. Under the agreement, Ecology amended its 2001 Skagit instream flow rule to address the County’s concerns about the rule, and in return the County agreed to dismiss its appeal of the 2001 rule. The Skagit County Commissioners explained the agreement as follows:

“Skagit County has an abiding interest in achieving the proper balance between the needs of water for people, fish and agriculture in the County. We have long been concerned that state instream flow regulations fail to achieve the appropriate balance. For that reason the County appealed Ecology’s 2001 Skagit River Instream Flow Rule. Nevertheless, Skagit County has continued to work with Ecology and other interested parties to develop mutually-agreeable changes in the Skagit Instream Flow Rule. The recently-adopted amendments to the instream flow rule – while not perfect – are a vast improvement over the 2001 instream flow rule, and over the proposed amendments developed by Ecology last year. Ecology Director Jay Manning provided strong leadership to resolve a number of key issues, and Ecology realizes that to succeed, instream flow rules must continue to be a partnership with local government.

Based on changes Ecology agreed to make in its new rule, Skagit County agreed to end litigation and to focus instead on working with Ecology to develop a fair, reasonable and practical implementation package for the instream flow rule. We also will continue working with water users, affected Indian tribes and other interested parties to reconcile the conflicting needs for water in the Skagit Basin.”
Skagit County filed its appeal in April 2003 in Thurston County Superior Court, but agreed to a Stay of Proceedings to allow interested parties to negotiate a settlement. Skagit County met with representatives from Ecology, the Skagit Public Utility District, the City of Anacortes, and the Sauk-Suiattle, Swinomish and Upper Skagit Indian Tribes on several occasions during 2003 and 2004 but were unable to reach agreement. Under a 2005 court order, Ecology proposed to amend the Skagit Instream Flow Rule in February and again in October 2005. In a related matter, in December 2005 Snohomish County Superior Court dismissed a lawsuit against Skagit County brought in August 2004 by the Swinomish Indian Tribal Community challenging issuance by Skagit County of building permits in the Skagit River Basin.

Highlights of Ecology’s rule amendment and the settlement agreement are described in this Pdf attachment.