Approving addendum to the Nisqually Watershed Management Plan BEFORE THE BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY, WASHINGTON
IN THE MATTER OF: RESOLUTION NO. 19-344
A RESOLUTION APPROVING AN ADDENDUM TO THE
NISQUALLY WATERSHED MANAGEMENT PLAN IN
RESPONSE TO THE 2018 STREAMFLOW
RESTORATION ACTION (RCW 90.94)
WHEREAS, the Board of Lewis County Commissioners (BoCC) supports collaboration
among Nisqually Watershed communities to implement a comprehensive strategy for
balancing competing demands for water, while at the same time preserving and
enhancing the future integrity of the Nisqually Watershed; and
WHEREAS, Lewis County is required to plan under the Growth Management Act (RCW
36.70A), and its Comprehensive Plan must include a plan to "provide for the protection
of the quality and quantity of groundwater used for public supplies" (RCW 36.70A.070);
and
WHEREAS, the Washington State Watershed Management Act (RCW 90.82) established
a framework for water resource management in the State of Washington focusing on
water availability and quality, and protecting habitat for fish and wildlife; and
established the boundary of Water Resource Inventory Area 11 (WRIA 11) for the
Nisqually Watershed; and
WHEREAS, Lewis County was one of the Initiating Governments of the Nisqually
Planning Unit and participated in the development of the 2003 Nisqually Watershed
Management Plan; and
WHEREAS, the BoCC approved the 2003 Nisqually Watershed Management Plan on
April 13, 2004, in Joint Legislative Session recognizing that implementation is
contingent upon available funding; and
WHEREAS, on January 18th, 2018, the Washington State Legislature passed Engrossed
Substitute Senate Bill (ESSB 6091), an act addressing procedures for ensuring water is
available to support development in response to the Washington State Supreme Court
case Whatcom v. Hirst; and
WHEREAS, ESSB 6091 was codified as the Streamflow Restoration Act, RCW 90.94; and
WHEREAS, RCW 90.94.020 directed the Washington State Department of Ecology to
work with the initiating governments and Planning Unit of WRIA 11 to review the
existing watershed plan to identify the potential impacts of exempt well use, identify
evidence-based conservation measures, and identify projects to improve watershed
health with a deadline of February 1, 2019; and
WHEREAS, the Nisqually Indian Tribe was the lead agency for the planning process;
and
WHEREAS, the Planning Unit members included the implementing governments -
Nisqually Indian Tribe, Thurston, Pierce, and Lewis Counties - as well as Lacey, Olympia,
Yelm, Eatonville, Thurston Public Utility District, Nisqually River Council Citizens
Advisory Committee, and Washington State Departments of Ecology, Fish and Wildlife,
and Agriculture; and
WHEREAS, in October 2018, Planning Unit Members signed a Working Agreement to
address RCW 90.94 with an Addendum to the 2003 Nisqually Watershed Management
Plan (Addendum) and to transfer that addendum to the Department of Ecology by the
legislative deadline; and
WHEREAS, the Nisqually Watershed Planning Unit met seven times between June 2018
and January 2019 and created several subgroups to develop an Addendum that
addresses the requirements of RCW 90.94; and
WHEREAS, the Nisqually Watershed Planning unit unanimously approved the
Addendum to the Nisqually Watershed Management Plan to address the requirements
of RCW 90.94 on January 16, 2019; and
WHEREAS,
a Determination of Significance and Adoption of Existing Environmental Document for
the original Nisqually Watershed Management Plan was prepared and issued on
February 2, 2004; and
WHEREAS, on January 29, 2019, a notice of modification of the 2004 Final
Environmental Impact Statement for Watershed Planning was issued by Pierce County;
and
WHEREAS, on February 1, 2019, the Department of Ecology issued an Order Adopting
the Updated Watershed Plan for WRIA 11 (Nisqually), finding that the "actions identified
in the watershed plan, after accounting for new projected uses of water over the
subsequent twenty years will result in a net ecological benefit to instream resources
within the water resource inventory area"; and
WHEREAS, Ecology's Order of Adoption is predicated on the following three conditions:
annual reporting to Ecology on plan implementation for the duration of the 20-year
planning horizon, a detailed assessment of water quantity and instream flow benefits
every five years, starting in 2024, and ongoing compliance with the required fee and
recording restrictions established by RCW 90.94; and
WHEREAS, the BoCC finds that the strategies identified in the plan, if adequately
funded and implemented, will be sufficient to offset the impacts of future projected
growth in the rural area of the Nisqually Watershed on streamflows, and further will
support the recovery of endangered salmon species and overall ecosystem health while
allowing options for future rural development;.
NOW THEREFORE BE IT RESOLVED SECTION 1. WRIA 11 ADDENDUM
APPROVAL. The Lewis County Board of Commissioners approves the Addendum to the
Nisqually Watershed Management Plan dated January 16, 2019, as shown in Exhibit A
attached hereto and incorporated herein by reference; and
NOW THEREFORE BE IT FURTHER RESOLVED SECTION 2. WELL FEE AND
RECORDING REQUIREMENTS. Applicants for building permits in WRIA 11 shall
continue to pay relevant fees and record any relevant restrictions or limitations
associated with water supply with the property title, as required by ESSB 6091, until
such time as the County adopts an alternative approach to addressing the requirements
of RCW 90.94.; and
NOW THEREFORE BE IT FURTHER RESOLVED SECTION 3. IMPLEMENTATION.
Further implementation of the strategies identified in the plan Addendum will require
the county's continued participation in the Nisqually Watershed Planning Unit and is
contingent upon adequate available funding and staff resources.; and
NOW THEREFORE BE IT FURTHER RESOLVED SECTION 4. SEVERABILITY. If any
section, subsection, sentence, clause, phrase or other portion of this Resolution or its
application to any person is, for any reason, declared invalid, illegal or unconstitutional
in whole or in part by any court or agency of competent jurisdiction, said decision shall
not affect the validity of the remaining portions hereof..
DONE IN OPEN SESSION this 25th day of November, 2019.
APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS
Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON
Eric Eisenberg Robert C . Jackson
By: Eric Eisenberg, Robert C. Jackson, Chair
Chief Civil Deputy Prosecuting Attorney
ATTEST: :c -6YWgS•• Gary Stamper
JOo ';.•Lary Stamper, Vice Chair
•
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Rieva Lester Edna J . Fund
Rieva Lester, Edna J. Fund, Commissioner
Clerk of the Lewis County Board of County
Commissioners
BOCC AGENDA ITEM SUMMARY
Resolution: 19-344 BOCC Meeting Date: Nov. 25, 2019
Suggested Wording for Agenda Item: Agenda Type: Deliberation
A Resolution approving an addendum to the Nisqually Watershed Management Plan in response to
the 2018 Streamflow Restoration Action (RCW 90.94)
Contact: Lee Napier Phone: 360.740.2606
Department: CD - Community Development
Description:
A Resolution approving an addendum to the Nisqually Watershed Management Plan in response to
the 2018 Streamflow Restoration Action (RCW 90.94)
Approvals: Publication Requirements:
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Lee Napier