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June 17th, 2008

Skagit County officials express disappointment over lawsuit challenging Skagit River Instream Flow Rule by Swinomish Tribal Community

SKAGIT COUNTY - The 2006 Skagit River Instream Flow Rule puts a strict limit on exempt wells and guarantees adequate instream flows for salmon, and has been widely praised as a model for other jurisdictions to follow. In a January 16, 2008 speech, Ecology Director and Washington Environmental Council past-president Jay Manning called the Skagit Instream Flow Rule “the best instream flow rule in the State of Washington.” The 2006 Skagit Instream Flow Rule was adopted by Ecology after many years of discussion and input from the Swinomish Tribal Community, Skagit County, and many others. The Skagit Instream Flow Rule as adopted fully conforms to the 1996 Memorandum of Agreement, a regional compact between Skagit County, the City of Anacortes, Skagit PUD, three Native American tribes, and several state agencies governing water usage in the Skagit River Basin.

On Friday, June 13, 2008, the Swinomish Tribal Community initiated a lawsuit against the Washington State Department of Ecology, seeking to invalidate the Skagit River Instream Flow Rule.

“We’re completely shocked. We had absolutely no idea this was coming, or even that the Swinomish Tribal Community was unhappy. Just a few days ago, the Swinomish Tribal Community dropped their long-running lawsuit against the County over water rights, and was praising the County for our cooperative work on these issues,” said Will Honea, Skagit County’s chief civil prosecutor. “It would be nice if the Swinomish would at least talk to us before starting another war over water rights,” he added.

While the Swinomish Tribal Community’s lawsuit was filed against the State of Washington and not Skagit County, Skagit County officials are concerned by the Swinomish Tribal Community’s failure to even attempt to work through these issues cooperatively as the 1996 Memorandum of Agreement requires. “The Swinomish Tribal Community says it is committed to cooperative water planning pursuant to our regional compact, but their actions would seem to say otherwise,” Honea said.

Despite the Swinomish Tribal Community’s latest lawsuit, Skagit County plans to proactively participate in the Skagit River Flow Management Committee(SRFMC), a stakeholder water planning group recently formed pursuant to the 1996 Memorandum of Agreement. Skagit County Administrator Gary Rowe was recently elected chairman of the SRFMC. “I am fully committed to continuing our work toward consensus among all parties on these critical regional water planning issues,” Rowe said.

The SRFMC includes representatives of the Upper Skagit Tribe, the Sauk-Suiattle Tribe, and the Swinomish Tribal Community. The Swinomish Tribal Community is one of four Native American tribes in Skagit County, and is the second largest tribe in the County by population. The Upper Skagit, the Sauk-Suiattle and Samish tribes have declined to participate in the Swinomish Tribal Community’s lawsuit. “We value our friendship with all four tribes in Skagit County, and will continue in our efforts to understand the Swinomish Tribal Community’s grievances, objectives, and motivations,” said Honea.

“Given our extensive efforts to work cooperatively with the Swinomish Tribal Community on these issues, we’re deeply disappointed,” said County Commissioner Sharon Dillon. “The Skagit Instream Flow Rule is a reasonable compromise, we are doing everything we can to work cooperatively with the Swinomish Tribe, and the Swinomish Tribe’s litigation over water issues has cost our community millions of dollars already. We fully expect that the Governor and the Department of Ecology will keep their obligations to the people of Skagit County by vigorously defending the Rule against the Swinomish Tribal Community’s lawsuit,” Dillon said.

For further information, contact:

Will Honea
Chief Civil Deputy
Skagit County Prosecuting Attorney
360-336-9460