Ecology adopts Quilcene-Snow water management rule

by Lynne Geller, Communication and Outreach, Water Resources Program

Much of the Quilcene-Snow watershed, on the northeast corner of the Olympic Peninsula, is in the rain shadow of the Olympic Mountains. The watershed’s location affects when, where, and how much rain and snow falls. Annual precipitation varies dramatically, from 19-100 inches. Port Townsend receives just 19 inches – which is only a few more inches than Los Angeles!

The Quilcene-Snow watershed (also known as WRIA 17) started the new year with a brand new water management rule. The rule has been years in the making, and is an important step in careful water management for that area.

Why is a water management rule needed?
There are a number of reasons. Seventy percent of the annual precipitation falls from November to April. And it is the dry summer and early fall months when water is most in demand, both by people for watering lawns and crops and also when federally-protected salmon need enough water to spawn.

The watershed has one of the highest rates of population growth in the state. This is primarily because of new people coming in, particularly retirees, drawn by the number of sunny days, mild climate and natural beauty. The population of WRIA 17 has been projected to increase 55 percent between 1996 and 2016, from about 24,000 to 38,000.

Little Quilcene River at low flow

Ecology’s Executive Director, Ted Sturdevant, commented that competing needs for water can create a “train wreck” if not properly managed. Ecology, with local stakeholders, is working to ensure that a train wreck is avoided, and there is enough water now and into the future for both people and the environment. The rule is one of our important management tools.

What the rule does
The rule was written to protect existing water rights and well users, support local agriculture, protect fish and other environmental resources, allow for rainwater collection, and manage new uses of water.

For management purposes, the rule breaks the watershed into 22 subbasins. Groups of subbasins with similar water conditions are managed together. The three major groupings are reserve areas, the Chimacum subbasin and coastal management areas.

In specific water-short areas, for example, a new conservation standard applies to new well uses exempt from the permitting process. Water uses throughout the watershed will be metered. New water rights may be available in certain subbasins.

Refer to the rule overview for more detail.

Big Quilcene River

Planning efforts date back to 1991
The rule came out of local water planning efforts. Ecology can date its watershed planning work with local stakeholders in the Quilcene-Snow back some 20 years, to a 1991 pilot project testing the use of local watershed planning.

Planning continued under the Watershed Planning Act of 1998. The local planning unit completed a watershed plan which was approved by Jefferson County Commissioners in early 2005. Ecology's efforts at that time to move forward with a rule were suspended when Ecology officials learned the public believed the agency's involvement effort was inadequate.

Ecology restarted the rule effort in 2006. Since then, with help from contractors, the agency has hosted five public workshops, produced two videos that were aired on local TV, published nine editorial articles and held numerous meetings with the planning unit, local governments, Tribes and community groups.

Dozens of people worked tirelessly through the ups and downs of this process to get to the moment when a rule was finally adopted, with local acceptance. This included local stakeholders, Ecology staff as well as staff from the state Attorney General’s office and state Department of Fish & Wildlife. The time and effort that went into this rule illustrates the kind of commitment Ecology makes to ensure that water is managed for the needs of both people and the environment, now and into the future.

Rules managing water already exist in many watersheds around the state, and others are underway. Read about watershed planning across the state.

For more information on the Quilcene-Snow rule, contact:
Ann Wessel
Phone: (360) 407-6785
Email: awes461@ecy.wa.gov

---

South Puget Sound Dissolved Oxygen Presentation on YouTube

By Dustin Bilhimer, Water Quality Program

In response to strong demand from South Puget Sound area stakeholders, Ecology has released a video on YouTube discussing the South Puget Sound Dissolved Oxygen Study.

In the video, Dr. Mindy Roberts, from Ecology’s Environmental Assessment Program, describes the sources of pollution that contribute to low dissolved oxygen, preliminary study findings, and the next steps for the project.

Excess nitrogen from wastewater treatment plants and other human and natural sources may deplete the dissolved oxygen levels in marine waters, harming fish and marine invertebrates. A damaged marine ecosystem means big trouble for Puget Sound businesses that rely on fishing and recreation.

In addition to the YouTube video, you can learn more about this study from our website, which includes links to related publications, data reports, and information on what you can do to help save South Puget Sound from the similar problems faced by Washington’s Hood Canal and the nation’s largest estuary, Chesapeake Bay.

---

Singing in the rain: parting the clouds in state water law

Photo of a rain collecting "guzzler"

By Kurt Unger, Department of Ecology, Water Resources Program

We’re singing in the rain in the Department of Ecology’s Water Resources Program, celebrating a new rainwater collection policy that says it’s OK to collect and store rainwater from your roof for use on your property.

To the delight of the green building community and many others in Washington state, we issued a new policy statement on October 12th clarifying that water right permits are not required for either the use of or the on-site storage of rainwater collected by a rooftop system or a guzzler. (Guzzlers are devices used to catch and store rainwater and dew to provide wildlife or livestock with drinking water.)

Under the department’s policy, the on-site storage and/or beneficial use of rooftop or guzzler collected rainwater is not subject to the permit process of RCW 90.03, Washington’s 1917 surface water code. But if and when the department determines that rooftop or guzzler rainwater harvesting systems are likely to negatively affect instream values or existing water rights, local restrictions may be set in place to govern future systems.

To qualify as rooftop collected rainwater, the roof collecting the rainwater must be part of a fixed structure above the ground with a primary purpose other than the collection of rainwater. Typical uses of rainwater include using it to flush toilets or for watering lawns and gardens.

Those not familiar with the issue may ask, “Why the heck was Ecology requiring water right permits for rooftop rainwater collection in the first place?”

Instead of deluging you with information, here’s an answer that will fit in a watering can:
Nearly all states west of the Mississippi River follow one form or another of what is commonly known as the Prior Appropriation Doctrine. The underlying tenant of this water law doctrine is first in time, first in right. That is, the first person to use a certain quantity of water for what’s called beneficial use (pretty much everything except wasteful use) has a senior water right. Of course, not all applications are approved by agencies like Ecology because water is a finite resource. Subsequent approved applications have what’s called a junior water right. When water supply is tight (during a drought, for example) or in basins where water is seemingly perennially tight (such as in the Yakima Basin in Washington), the most junior water right holders are told they must stop using water so that the more senior water right holders get their full allotment of water.

This priority-based system has caused some issues with rainwater collection in Washington and some western states, notably Colorado and Utah – two states that are actively attempting to regulate and enforce strict legal interpretations about the use of rooftop rainwater requiring a water right.

Previous interpretations of the broad language of Washington’s 1917 surface water code found that the use of undefined phrases describing water limited Ecology’s ability to determine what sort of uses are not subject to the water right permitting process. Our legislators took notice of the issue in 2002 and tried to fix it. Unfortunately, they were unable to agree on legislation that made common sense. To their credit, they kept trying every year thereafter, but the issue proved too challenging for a resolution.

As the years passed, the situation became more untenable. Rainwater harvesting projects were getting pushed into the backlog of water right applications (currently just under 7,000 and rising.) The result? Folks just kept collecting rainwater anyway and Ecology was losing credibility fast. Last year, Ecology undertook a renewed, detailed look at relevant water law and we found a way to bring clarity to rainwater collection and make it legal.

Hopefully, Washington’s practical policy will show other western states that are struggling with this issue that there is a rational path forward. As renowned water law professor David Getches notes in his book, Water Law in a Nutshell, “Obviously, not all water on earth is capable of management by governments.”

Are you the master of your shoreline?

One of the many miles of shoreline in Spokane County. Williams Lake will be governed by Spokane County's Shoreline Master Program Update.

The sun is shining, the work week is over, and you are relaxing on a small stretch of Spokane County’s 730 miles of shoreline. Enjoying the shoreline is more than a great start to the weekend; Washington shorelines are a valuable asset that voters chose to protect with the adoption of the Shoreline Planning Act in 1972. The cornerstone of that act is locally-tailored Shoreline Master Programs.

Shoreline Master Programs are the vehicles by which shorelines are protected. They are written to help minimize environmental damage to shoreline areas, reserve appropriate areas for water-oriented uses and reduce interference with the public’s access to water. In many communities a comprehensive update has not been done in 30 years. In Spokane County, now is the time for you to weigh in on the program’s update.

Right now you can read and comment on how future development is handled and where habitat improvements will be made. It is important that your voice is heard. Whether it is a water-dependent use, public access, or habitat protection you value, be the master of your shoreline.

Read the draft plan online: Spokane County draft plan

Written comments will be accepted through October 2, 2009 at dpin461@ecy.wa.gov or Ecology's Spokane office: 4601 N. Monroe St., Spokane, WA 99205. Comments should be addressed to the attention of "Spokane County SMP."

Attend the public workshop and hearing at 7 p.m., Tues., September 15, 2009 at Spokane Community CollegeBuilding 6, Sasquatch Room, 1810 N. Green St., Spokane.

For more information:

• Read the news release


• FAQ on Effective Public Commenting


• More about the Shoreline Master Programs

It's been hot and dry but it hasn't been a drought

Every evening as I turn up the hill on the road to my home in Auburn, I’m restricted to one lane by orange construction cones because the closed-off lane is occupied by a big blinking electronic sign. It asks only one thing of me and other Auburn residents: “Please conserve water.”

This is the first time in 14 years I’ve lived in the Lakeland Hills area of Auburn, that the city has requested voluntarily restrictions on water use. It’s not a problem for me. The brown lawn along my driveway shows the city that we’re not big consumers of water in my household, even during the horrendous heat wave of late July.

Gov. Chris Gregoire is assuring us that despite the hot temperatures and drier than normal conditions, that almost all water supplies are in good shape around the state. The city of Auburn has been concerned because city wells were in full production to keep pace with rising water demand and those wells were approaching capacity.

As temperatures start to cool down a bit, however, I wouldn’t be surprised to see Auburn return that sign to storage.

The governor is getting ongoing advice from a couple of committees on if or when she may need to declare a drought emergency. Without a doubt it’s dry: more than 30 counties in the state have a high or very high fire danger.

But there is no water emergency in the state yet, although the Department of Ecology is watching two areas closely where regional drought declarations may be in order: the North Central Cascades and the Olympic Peninsula. Both areas saw snowpack at 65-70% of normal and projections of summer runoff are down at that level as well.

Two criteria must exist for the governor to consider a drought declaration: 1) Water supply (be it snowpack or precipitation or both) must be below 75% of normal and 2) water users must be experiencing “undue hardship.” The law doesn’t define undue hardship but you know what it is if your well has gone dry.

Legislative action taken to whittle down a $4.9 billion state budget deficit has meant Ecology has lost the authority to allocate drought relief funds. Money from those accounts has been used in previous years (in the drought of 2005, for example) to help homeowners drill their dry wells deeper or add to a city’s water storage capacity.

A drought declaration, however, may help bring federal financial relief to those regions that need it. In the meantime, Ecology is keeping the governor apprised of any trouble in Washington water supplies. We’ll be monitoring water supplies through the winter because the National Weather Service predicts that El Nino conditions will continue to develop and last through the winter of 2009-2010.

To find out more about what is expected from El Nino this winter, check out this National Oceanic and Atmospheric Administration Web site: http://www.cpc.ncep.noaa.gov/products/analysis_monitoring/enso_advisory/ensodisc.html

Climatologists note in the past (such as in 2005) that there has been a correlation between El Nino and warmer and drier conditions. So this may mean below normal snowpack and stream flows next spring and the drought conditions that may accompany them could make this summer seem like a walk in a (water) park.

A bicyclist’s view of wasted water

As a bike rider, I see it every day. Sprinklers on, splattering or draining all over the asphalt, wasting a precious natural resource and washing it down into storm drains, contributing to stormwater runoff problems.

Many folks don’t realize that water going into storm drains carries oil and pollutants from the street, plus fertilizers, herbicides and pesticides from our lawns. This water is untreated – it goes directly into Puget Sound. And, into the animals and plants that live there.

Besides being a hazard to the environment, this wasteful water use adds up to added expense for businesses and homeowners with little return on investment.

Every morning and often in the evening, while I am biking to and from work, I see puddles of water in the streets. Often, I have to dodge sprinklers shooting water onto the bike path. And, the next day it's the same thing. Many times in the same areas, as you can see in this photo, taken the day after the top photo.

Sprinklers are often programmed to water even in the rain! It'd be laughable if it weren't so sad.

Seeing this makes me realize just how important Ecology is. Educating, spreading the word, and being good examples will hopefully keep our communities’ water a sustainable resource long into the future.

FRONTLINE did a report on runoff. Here’s a link that has lots of that information: http://www.ecy.wa.gov/puget_sound/index.html . And Ecology’s Washington Waters — Ours to Protect website has helpful information on how each of us can do our part to prevent stormwater pollution.

Water quality experts dye to learn more about Hangman Creek

Scientists with the Department of Ecology often need to find out exactly where water flows and how long it takes under certain weather and stream flow conditions. On June 15, 2009, researchers added dye to Hangman Creek and observed how it behaved. They did this to find out why there is so little dissolved oxygen in the stream and why the chemistry is sometimes unhealthy. They’ll do it again on July 13.

Researchers track the plume of the dye with an instrument that is able to detect the small amount of dye in the river. The data are now being plugged into a computer model to help us understand the creek’s water quality problems.

The information gathered from the flow test will tell us how low flows in the summer affect the oxygen and the chemical nature of the water in a given stretch of the creek.

But seeing that reddish fluorescent tint in the creek can be quite a shock to innocent bystanders who happen upon it. We could use your help to explain this process if you hear any alarm from friends when they see the dye.

Using dye for this type of study is very common, and research has long shown that the dye doesn’t affect human health or aquatic life in any way at the low concentrations we use.

Parts of Hangman Creek and several of its tributaries violate water quality standards for dissolved oxygen and pH (a measure of alkalinity and acidity), endangering fish and other aquatic life. Excess nutrients and sunlight contribute to conditions creating excessive weeds and algae growth that cause oxygen and pH problems. When the stream flow is very low in the summer these problems are even worse.

Check out the video to see our water quality expert, Joe Joy, dumping rhodamine dye into Hangman Creek at Kentucky Trails Road on June 16.



Thanks to Tighe Stuart of Ecology’s Spokane office for the video.

Home Septic System Successes

By Dustin Bilhimer, Water Quality Program

Is your septic system acting up? When your home's septic system fails, it's more than a wet stinky mess. It's expensive to repair and it's a health hazard to you and your family.

A lot of people have learned the hard way that regular inspection and maintenance can prevent system failures and save you money in repair costs.

The Department of Ecology is working with local governments (contact your local health district here) and citizens to help cover costs for septic system repair/replacement where we find water pollution problems are caused by failing residential septic systems.

These partnerships are leading to improved working relationships between the public and government agencies. This cooperation leads to clean water solutions.

A recent success story from the Colville River watershed highlighted how homeowners received grant money from Ecology and the Conservation Commission to replace their septic systems.

Actions followed the implementation of a Total Maximum Daily Load (TMDL) study and water quality improvement plan to clean-up fecal coliform bacteria pollution in the Colville watershed. After homeowners got their problem septic systems repaired, the district's water quality monitoring began showing signs of cleaner water.

Ecology and local governments offer different combinations of loans and grants to ease the cost of replacing failing septic systems where water quality needs to be improved. Here are several examples of Ecology providing financial assistance in other parts of the state:

• Skagit County pollution reductions
• Little Bear Creek, Snohomish County
• Puget Sound and Hood Canal

Do you know how to properly maintain your septic system to prevent problems? Click here to learn how or go to Ecology’s Washington Waters homepage to learn more about what you can do to protect our water quality.

Are you interested in other water quality success stories? Click here.

Want to find out if there is a TMDL in your area? Click here.

It’s time to plan for saving water in the yard

Twenty-nine days, and counting, in a record-tying dry spell for Western Washington. The last time this happened was in 1982. That is the same year Minh Thai won the first ever Rubik’s Cube World Championship in Budapest, Hungary. What does that have to do with saving water, well nothing really, but since I’ve got your attention…

Recent warm weather could mean that urban water users are cranking up the times on their sprinkler systems. As we head into peak irrigation season for both Eastern and Western Washington, let’s think about being Water Smart. About half of the water we use on lawns and gardens goes to waste because of evaporation, poor timing, and bad system design. We can do better than that.

Practicing outdoor water conservation is easier than you think. Simple changes like watering during the early morning or late evening can reduce evaporation. That way your plants get the water all to themselves.

When it comes to timers, the motto is NOT “set it and forget it.” Adjust timing every month to allow for seasonal changes. Some water providers have sprinkler calculators to help guide homeowners.

If you are not sure about doing it yourself find a WaterSense Irrigation Partner, near you. Partnering irrigation professionals can install, audit or upgrade your system to save up to 9,000 gallons each year. That’s a lot of water! Better yet, that could be 9,000 gallons of water you aren’t paying for.

The bottom line is water conservation is good for everyone. By practicing conservation you are helping to secure a consistent water supply for Washington’s future. Who knows, maybe one day there will be a world championship for water savers.

What have you done to save water? Planted drought tolerant or native plants, removed grass, or installed a rain click? Tell us.


A few interesting links
Interested in caring for your lawn and garden the environmentally friendly way? Check out our Natural Yard Care brochure for more tips and tools.

Be prepared. Next month is Smart Irrigation Month.

Test your WaterSense with EPA’s quiz.

London Calling

No, I am not talking about The Clash’s 1979 album. It’s literally true. Last month when news of “soap smugglers” in Spokane County hit the news wire, Ecology’s Eastern Regional Office received a media call from the BBC in London. Why all this press about soap?

Last June it became illegal to sell automatic dish detergent with more than 0.5 % phosphorus in Spokane County. You can review this law and a similar one for Whatcom County at our reducing phosphorus webpage. Frustrations began to surface when dish washers became frustrated with some of the commercially available phosphorus-free detergents. Spokane’s notoriously hard water was leaving spots and film on clean dishes. Reports started flying of Washingtonians driving to nearby Idaho to buy “hot soap”. That is when London called.

So what is the big deal? Why can’t we put the phosphorus back in the dishwashing detergent? Here’s the thing. Too much phosphorus in water can cause big pollution problems. Phosphorus in water acts as a fertilizer causing plants and algae to grow. Then when they die they rob the oxygen that fish and other critters need for survival.

Removing phosphorus from dishwashing detergents is just one action being taken to protect Washington’s Waters from pollution. The simplest way to reduce phosphorus in water is to not put it in there in the first place. Whether it goes to a wastewater treatment plant or an on-site septic system, avoiding excess phosphorus means good news for Washington’s waters.

Getting back to the “soap smugglers” – why the apparent exodus to Idaho for phosphorus-laden detergent? And what about the people that aren’t driving to Idaho – are they eating off of dirty dishes? Well, I can tell you this, some detergents perform better than others. You can visit Greener Choices, a branch of Consumer Reports that ranks these detergents on their ability to clean. They even found that some of these detergents do an “excellent” job of cleaning.

Even if you’re not in Spokane or Whatcom counties, you may want to test drive the phosphorus-free detergents, because in 2010 the law will be enacted in all of Washington. In fact, many states in the nation will be enacting laws requiring dish detergent limits on phosphorus. Detergent manufacturers are working now to change their formulations to comply with the new law and they expect to be going phosphate-free in markets nationwide.

Have you tried a phosphorus-free dish detergent? What tips do you have for cleaning dishes the phosphorus-free way?