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COUNTY REPORTS PROGRESS ON APPEAL OF SKAGIT RIVER INSTREAM FLOW RULE CONCERNING RURAL PROPERTY OWNERS

State Department of Ecology agrees to address rural exempt well issue

SKAGIT COUNTY Thurston County Superior Court ordered the Washington State Department of Ecology to proceed with rule making to amend the Skagit River Instream Flow Rule to address exempt well use in rural areas of Skagit County. Superior Court Judge Paula Casey decided to continue the trial date for Skagit Countys appeal of the Skagit River Instream Flow Rule, on Friday, November 19, 2004. To amend the rule, Ecology must come forward with an amendment to address exempt well use in rural areas of Skagit County by February 16, 2005. Under the courts ruling, an amendment must be effective by May 31, 2005.

Skagit County has been working for the past three years to have the Skagit Instream Flow Rule amended and Ecology fix this problem they created. Were pleased that the Department of Ecology must now address rural exempt well use, said Skagit County Commissioner Don Munks. We were disappointed that the court didnt stay the current rule pending the required amendment, but both Ecology and the Swinomish Indian Tribe represented to the court they would not enforce the rule until the amendment is completed.

In 1996, Ecology signed a Memorandum of Agreement with Skagit County, Skagit PUD, Anacortes the Sauk-Suiattle, Swinomish and Upper Skagit Indian tribes, and the Washington State Department of Fish and Wildlife, which protects instream aquatic resources, while at the same time providing for development of an adequate, reliable water supply for Skagit County residents. Skagit County explicitly reserved the right to allow for development of exempt wells in the Upper Skagit watershed outside of the Skagit PUDs current water service area. The agreement does not explicitly address exempt well use in the lower watershed.

In March, Skagit County signed a memorandum of understanding (MOU) with the Upper Skagit Tribe that called for the Washington State Department of Ecology to amend the agencys 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.

In September, the Swinomish and Sauk-Suiattle Indian tribes named Skagit County as a defendant in a lawsuit filed in Snohomish County Superior Court challenging the issuance of building permits in the Skagit River Basin for property owners not serviced by established water purveyors. The Upper Skagit Indian Tribe did not join in the lawsuit.