Welcome to Skagit County
December 16th, 2005
SKAGIT COUNTY DISMISSED FROM SWINOMISH TRIBAL LAWSUIT TO STOP BUILDING PERMITS
MOUNT VERNON, WA. – The Skagit County Commissioners announced today that Snohomish County Superior Court Judge Linda Krese 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.
Specifically, the Swinomish lawsuit made two separate allegations. First, the tribes claimed that Skagit County was in breach of a 1996 Memorandum of Agreement by issuing building permits downstream of the Skagit PUD pipeline crossing (roughly east of Sedro-Woolley). Second, the tribes claimed Skagit County was violating the State Building Code (RCW 19.27.097) by issuing building permits upstream and downstream of the PUD pipeline crossing. On both legal theories the tribe sought a permanent injunction to bar Skagit County from issuing building permits where the development would be served by an exempt groundwater well. The Upper Skagit Indian Tribe did not join in the lawsuit, and the Sauk-Suiattle Indian Tribe withdrew from the case after it was filed.
In 1996, the Washington State Department of Ecology signed a Memorandum of Agreement with Skagit County, Skagit PUD, Anacortes, the Sauk-Suiattle, Swinomish and Upper Skagit Indian tribes, and the Washington 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 PUD’s current water service area. The agreement does not explicitly address exempt well use in the lower watershed.
When it was filed, the County Commissioners pledged to vigorously defend Skagit County against the Swinomish lawsuit. Attorneys for the County filed an earlier motion for dismissal in September 2004, which the Court granted. The Court granted the County’s 2004 motion, and dismissed the tribe’s claim alleging the County was violating the State Building Code. Today’s ruling dismissed the tribe’s remaining claim, based in the 1996 Memorandum of Agreement.
“We are pleased with the court’s ruling,” said Commissioner Don Munks, who led the County's earlier efforts to reach settlement. “The order of dismissal made it clear that the 1996 MOA is not a contract that binds the County’s legislative functions. Today’s ruling vindicates the County’s position that the 1996 MOA was intended as an agreement for cooperative planning,” stated Commissioner Munks. “We have been working with the tribes, Anacortes, Skagit PUD and Ecology to help protect instream flows while protecting private property rights. Ecology’s instream flow rule overlooked water needs for the County’s rural residents. We have been working with the affected parties to fix that. Instead, the Swinomish Tribe chose litigation, and wanted us to stop issuing permits altogether.”
The County’s appeal of Ecology’s instream flow rule currently is pending in Thurston County Superior Court. Until late 2004, Skagit County and other parties to the 1996 agreement also negotiated to reach agreement on an amendment to the Skagit instream flow rule. Talks broke down, however, after Governor Locke’s water policy advisor distributed a proposal described as “the State’s best and final offer” for an agreement to amend the existing instream flow rule. The proposal failed to win support from the other parties. Negotiations between Skagit County and Ecology resumed in August 2005 and continued until Ecology proposed a new Skagit River rule amendment on October 31, 2005. Ecology is currently seeking public comment on this new proposal and has public hearings planned for January.
Contacts: Gary Rowe
Skagit County Administrator
360-336-9300
Dan Berentson
Skagit County Communications Director
360-419-3461