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HomeMy WebLinkAbout98-115Resolution No. 98-115 RESOLUTION OF THE CITY COUNCIL OF THE CITY ABANDONING THE CITY OF PORT TOWNSEND'S DOSEWALLIPS SURFACE WATER APPLICATION, NO. The City Council of the City of Port Townsend, Washing' WHEREAS, on February 20, 1956, the City of Port T~ Application Number 13765 with the Washington Department of Cc seeking appropriation of 50 cubic feet per second (els) confinuou from the Dosewallips River for municipal water supply purposes. City identified the (then) estimated cost to fully utilize the approp~ WItEREAS, this water appropriation application is still' action from the City since 1956 to move forward with this applicati~ permit, and secure water from the Dosewallips River for the C purposes; and WHF.~EAS, in a letter dated May 8, 1985 (ATTACtIM[ Department of Ecology advised the City that the Dosewallips a without action from the City. DOE advised the City that the City ha the application to the permit stage, and that it was "incumbent upon t~ cancellation of Application No. 13765 or show cause why the applic~ DOE advised the City that the City was responsible to make a showi~ an active, necessary and viable component of your water planning resume processing the application." DOE advised the City tha "protested by many individuals and groups;" that an Environmenl required to enable the City to apply for a permit; and that the actio by adequate water utility planning analysis, conducted in accord,an, Resources Act of 1971, Chapter 90.03 RCW. From the public reco: not respond to this request for action. However, the 1987 Jeffersc System Plan supported potential use of the Dosewallips appropriat WItEREAS, in a letter dated December 8, 1997 (ATTAC of Ecology advised the Citythat the Dosewallips River supports cril Salmon, which are expected to be listed as threatened or endangered ~ Act (ESA), 16 U.S.C. § 1533, et. seq. The Department of Ecolot either confirm the City's intention to develop additional surface wate: River, demonstrating that this water supply is necessary to meet needs, or abandon the application. The Department of Ecology has of the application "appears unlikely," given very substantial constrai~ the water supply from the Dosewalli_ps River in a manner compatible and concerns for fish habitat under the Endangered Species Act; a~ ~F PORT TOWNSEND ?EBRUARY 20, 3765 )n, does resolve as follows: )wnsend filed Surface Water nservation and Development, sly (3,620 acre feet per year) In the 1956 Application, the iafion as $6 million; and ~ending, without any evident n, pursue a water withdrawal ity's municipal water supply ,NT 1), the Washington State pplication was still pending, rl not taken action to advance ~e City at this time to request fion should not be canceled." ~g that the application "is still :ffort, along with a request to the original application was fl Impact Statement could be would need to be supported with the Washington Water t, it appears that the City did n County Coordinated Water [on; and HMENT 2), the Department ical stocks of Summer Chum ~nder the Endangered Species :y has requested that the City rights from the Dosewallips crt Townsend's future water dvised the City that approval Is upon the ability to develop with competing water rights WHEREAS, in a letter dated March 18, 1998 (ATTACII~'IENT 3), the Department of Ecology advised the City that the Washington State Department of F:.sh and Wildlife indicates that the Dosewallips River supports Hood Canal Summer Chum, "reo mtly proposed for listing as a 'threatened' species under the federal Endangered Species Act ~ESA). The Dosewallips also supports 'depressed' stocks of Pink Salmon and Winter Steelhead. protect these stocks from further depletion and to enhance their rec~ that the City abandon its Dosewallips application; and WHEREAS, as a public utility supplying domestic water City has been required to fully analyze the ramifications of application in the context of sound water utility planning conducte Resource~ Act, and based u,~p~.~n local water planning needs. On Jul~ 2657, the City adopted its City of Port Townsend 1998 Water Syst, Plan analyzes the City's water utility planning needs and the fi: develop additional water resources through a long-range planni analyzes the need for the Dosewallips application. A photocopy of and incorporated by reference within this Resolution (ATTACH System Plan represents the first substantial and comprehensive unde: long-term water system needs, under the City's adopted water plar planning and growth needs identified through the Growth Managem Washington water utility law, and pursuant to identified environm WHEREAS, based upon policies contained within the Ci accordance with concerns raised by the Department of Ecology th surface water withdrawals between the Dosewallips River and the be impracticable, the City Council's Utility Committee and the Dep~ determined that pursuing the Dosewallips application is not suppom would cause unwarranted environmental damage. Specifically, res due to salmon listing concerns as well as very significant probable co the Dosewallips River to the Quilcene Basin, make the Dosewal potential source for City development. Further, in order to perfect ~ need to construct substantial water storage facilities; and WHEREAS, the City has recently take substantial steps t( existing surface and groundwater fights, with attendant public in'~ view of the City's current planning and current and prOjected capital and use of existing, developed surface and groundwater fights, it is. any potential need for additional surface water fights to meet City to the extent to justify the probable environmental damage and ~, associated with pursuing the Dosewallips water appropriation appl WHEREAS, as a municipal water utility, the City of Port the need to acquire and protect water resources and water fights 2 Flows must be maintained to ~very. ~ DOE again requested to a growing population, the abandoning the Dosewallips d pursuant to the 1971 Water 20, 1998, by Ordinance No. ~m Plan.' The Water System aancial ability of the City to ~g period. The Plan, §5.4, this section is attached hereto .VIENT 4). The 1998 Water :taking by the City to analyze ning policies, consistent with ent Act, in conformance with ental concerns; and ty's 1998 Water Plan, and in at the possibility of balancing Quilcene River systems may rtment of Public Works have d by adopted City policy and trictions on water withdrawal Its of transporting water from lips water source an unlikely e application, the City would ,protect and make full use of estment in these Systems. In investment for the perfection tifficult at this time to justify service area water demands, .ubstantial development costs ication; and 'ownsend must be mindful of serve anticipated population Res. 98-115 growth and to encourage and enable expanded economic developrr the utility planning considerations set forth in the 1998 Water Sy~ City Council strongly supports local, regional, and statewide plannir to maintain Washington's salmon resources, avoid further depletion the recovery of this critical species. The City COuncil acknowledg to avoid salmon listing under the Endangered Species Act, and to ensure salmon recovery. The City Council believes that the aba application, No. 13765, is necessary and' reasonable to further the NOW, THEREFORE, BE IT RESOLVED, by the City Townsend hereby abandons Surface Water Application No. 13765. Conservation and Development, Division of Water Resources (no" February 20, 1956. This action is based upon the above-referenc to advance statewide salmon preservation and restoration efforts, the City of Port Townsend 1998 Water System Plan. ADOPTED by the City Council of the City of Port Town on this 16th day of November, 1998. Attest: Pam Kolacy, City Clerk Attachments: Attachment 1 - Letter from DOE, 5/8/85 Attachment 2 - Letter from DOE, 12/8/97 Attachment 3 - Letter from DOE, 3/18/98 .ent. However, in addition to tem Plan, the Port Townsend g efforts currently under way ,f salmon stocks, and enhance es statewide efforts underway make all reasonable efforts to adonment of the Dosewallips se important interests, Council, that the City of Port filed with the Department of ~v Department of Ecology) on ~ Findings, the City's policy md the policies as set forth in end and signed by the Mayor Attachment 4 - § 5.4, City of Port Townsend Water System Plan, Augus: 11/17/98198-068] CA§Res{DoseRive.r~} 1998 Res. 98-1t~ AN1 )Ri A Ig:ATTY STAT[ (')F WN~I"tlNGI(')N DEPARTMENT OF ECOLOGY lane. LI.I- May 8, [985 Mr. Ted Strickltnt Director Department of Public Works. City Of Port Townsend Port Townsend, Washington 98369 Dear Mr. Stricklin: Surface Water. Application No. On February 20, 1956, the City of Port Townsend fi' Application No. 13765 for the appropriation of war, River in the amount of 50 cubic feet per second on municipal supply. The proposed point of diversion within the wi Section 28, T. 26 N., R. 3 W.W.M. N pursue this application to permit stage. On July 28, 1981, the city was contacted regarding informed that when the time came for setting based streams of Water Resource Inventory Area 16, Appli have to be considered. The setting of base flows underway. It is therefore incumbent upon the city cancellation of Application No. 13765 or show caus should not be cancelled. Such cause should includ appropriation originally proposed under this appl active, necessary and viable component of your wa with a request to resume processing the applicatic We would appreciate your careful consideration of responding. Some of the issues that you should making process are as follows: The original applications were protested by ~ groups. These protestants will have to be h~ the application. e Because it has been twenty years since the al republication of the public notice will be n The requirements of the State Environmental l met. This will require the filing of an Envi~ possibly an Xmpact Statement. Our action on y6ur application will have to of The Water Resources Act of 197! as well a .3765 ed Surface Water )r from the Dosewallips a continuous basis for was listed as being )thing has been done to this application and flows on the rivers and :etlon No. 13765 would in WRIA 16 is now at this time to request e why the application e a showing that the cation is still an er planning effort along n. the two options before ,nsider in your decision )any individuals and )ard, should we process ~plication was filed, a )quired. ~olicy Act will have to be -onmental Assessment and :onsider the fundamentals Chapter 90.03 RCW. Ted Strtcklln May 8, 1985 Page 2 Since the basin planning program is in process and your application is a factor in determining potential future water uses in the basin, your early response would be appreciated. Thank you for your interest and cooperation in the matter. Sincerely, ~ Walter Bergstrom Res ource Management WB:pw(4/4) STATE OF WASHINGTON DEPARTMENT OF ECOLOGY P.O. Box 47775 * Olympia, Washington 98504-7775 · (360) December 8, 1997 Robert Wheeler, P.E., Director Department of Public Works City of Port Townsend 5210 Kulm Street Port Townsend, WA 98368 Dear Mr. Wheeler: Re: Surface Water Application No. 13765 On February 20, 1956, the City of Port Townsend filed Surface Water Application No. 13765 to appropriate 50 cubic feet per second from the Dosewallips River for municipal supply. In a letter dated May 8, 1985, Ecology requested information from the City of Port Townsend asking the City to demonstrate that the proposed appropriation was still a necessary and viable component of its water planning. To date, there has been no further correspondence on this file. Ecology had originally intended to establish minimum flows on the Dosewallips River by rule. Although minimum flows were never adopted, streamflows for fish continue to be a concern. According to the Washington Department of Fish and Wildlife (WDFW), the Dosewallips River supports critical stocks of summer chum (soon expected to be listed as threatened or endangered under the Endangered Species Act) and depressed stocks of winter steelhead and pink salmon. If this application is not withdrawn, Ecology will need to make a decision based on current stream flow requirements. If you would like this application to remain pending, please submit a copy of the City's water comprehensive plan and show that additional surface water rights from the Dosewallips River are necessary to meet Port Townsend's future water needs.. You will also need to re-publish notice of the l~roposed appropriation since the original publication is no longer current. State Environmental Policy Act requirements will need to be complied with prior to issuance of a water right. However, please b_e advised that approval of this application appears unlikely. If you do not respond to this letter within 60 days, we will assume you are no longer interested and will reject this application. Please feel free to call me at (360) 407-0279 if you have any questions. - Sincerely, Marie Peter Water Resources STATE OF WASHINGTON DEPARTMENT OF ECOLOGY P.O. Box 47775 * Olympia, Washington 98504-7775 * (360) 407.6300 March 18, 1998 Robert Wheeler City of Port Townsend Department of Public Works 5210 Kuhn Street Port Townsend, WA 98368 Dear Mr. Wheeler: Re: Surface Water Application Number 13765 Thank you for your response to my letter of December 8, 1997 regarding the City of Port Townsend's application for surface water from the Dosewallips River. I understand that the City is still considering surface water from the Dosewallips as a future water source. Although it is possible that there may be a brief period during the year when diversions from the Dosewallips may be approved, the water right would be severely restricted. Diversions would need to be limited to an even shorter period than that allowed under the City's Little Quilcene water right. Please re-consider your decision to keep this application active. The State Department ofFish and Wildlife (DOFW) indicates that the Dosewallips River supports Hood Canal Summer Chum, recently proposed for listing as a "threatened" species under the federal Endangered Species Act (ESA). The Dosewallips also supports "depressed" stocks of Pink Salmon and Winter Steelhead. Flows must be maintained to protect these stocks from further depletion and to enhance their recovery. Based on Ecology's review of hydrographs and the results of an IFIM study conducted on the - Dosewallips River in 1985, it is recommended that the Dosewallips River be closed to consumptive appropriations from July through mid-November, with minimum flows required the rest of the year. In addition,,. DOFW tentatively recommends that no diversions be allowed from April through June. Prior to making a formal permit decision, the IFIM study would need to be re-analyzed using new curves. This will' result in higher flow recommendations and further restrictions. If a permit is approved under this application, diversions would need to be limited to a high-flow period during which the Dosewallips carries a heavy glacial silt load. This silt-laden water would probably not be desirable for a drinking water supply. Please also be advised that although the City's application carries a 1956 priority date, the permit, if issued, would be subject to current instream-flow requirements. March 18, 1998 Page 2 I recommend that the City of Port Townsend seek an alternative to this proposal. Please let me. knoW within 60 days if you wish to withdraw this application or if you would like Ecology to issue a formal decision. If you have any questions, please feel free to call me at (360) 407-0279. Sincerely, Marie Peter Water Resources Volume I Water System Plan Prepared for City of Port Townsend August 1998 This document has been prepared under the direction of a registered professional engineer. i EXPIRES 8/10/~?-z:~o I CH2MHILL P.O. Box 91500 Bellevue, WA 98009 WATER RESOURCES 5.3.1 City Lake Reservoir Permit R-118 (Certificate 2004) documents a total storage right of 800 acre-feet of surface water in the City Lake reservoir diverted from the Big Quilcene River pursuant to Certificate 322. The City currently owns all of the land within the watershed surrounding City Lake. The current storage_ capacity of City Lake is 120 MG (368 acre-feet). 5.3.2 Lords Lake Reservoir Permit 62 documents a storage fight of 750 acre-feet of surface water in Lords Lake diverted from the Little Quilcene River pursuant to Certificate 7028. Reservoir Permit 181 documents a storage right of 1,250 acre-feet of surface water in Lords Lake diverted from the Little Quilcene River pursuant to Certificate 7028. Thus, the total storage fight of water in Lords Lake is 2,000 acre-feet (652 MG). The current storage capacity of Lords Lake is 500 MG (1,535 acre-feet). The City typically draws down Lords Lake during much of the later stmuner and early fall months when in-stream flow requirements limit withdrawals from the Big Quilcene and Little Quilcene rivers. Lords Lake is filled from the Little Quilcene River when diversions from the Little Quilcene River are possible while meeting minimum in-stream flow requirements. However, Lords Lake can also be filled from the Big Quilcene River, as is often the case, to speed refilling during fall and winter. City Lake can be replenished from either source, but the Big Quilcene River is the primary supply for City Lake and the entire system in general. The City has considered expanding Lords Lake to provide additional capacity to meet summertime water usage needs of the City and PTPC when low flows in the Big Quilcene and Little Quilcene rivers limit diversions. A cursory evaluation completed in 1994 by CH2M HILL suggested that raising the existing dam structures by 5 feet would increase the capacity of Lords Lake by approximately 100 MG, raising the damby 10 feet would increase it by 200 MG, and raising it by 15 feet would increase it by 300 MG. Rough cost estimates in 1994 dollars were prepared for increasing the capacity of Lords Lake, ranging from $500,000 to $1,700,000, for an increase of 100 MG to 300 MG, respectively. Although the City and PTPC took no action on expanding the Lords Lake dam, primarily because of the high estimated project cost, .it remains an option for future consideration. 5.4 Dosewallips Application On February 20, 1956, the City filed Surface Water Application No. 13765 for the appropriation of 50 cfs continuously from the Dosewallips River for municipal supply. This application is still pending. Future development of this application was studied and discussed as Alternative 2 in the 1986 Coordinated Water System Plan for Jefferson County. This alternative, in combination with groundwater development, was selected by the WUCC as the alternative providing the "maximum net benefits." Ecology's draft Instream Resource Protection Program for the Water Resource Inventory Area 16 (WRIA 16), dated 5-4 CITY OF PORT TOWNSEND WATER SYSTEM PLAN WATER RESOURCES June 1985, attempted to set instream flow levels for several rivers and streams including the Dosewallips River, but was not adopted due to controversy over the level of instream flows proposed for protection. Nevertheless, to develop the Dosewallips supply, an environmental impact statement and instream flow study would be required to determine the quantity of minimum flows needed to preserve fish, wildlife, scenic, recreation, and other environmental values in the fiver. If a permit is issued for the Dosewallips River, it would have a.-priority date of February 20, 1956. In early 1998 the City sent a letter to Ecology reiterating its intention to continue forward with its water rights application on the Dosewallips River, fully understanding the need to address environmental concerns. Ecology responded in a letter recommending the City pursue an alternative water supply strategy because of the likelihood that instream flow requirements, not yet set, would dose the river to diversions between the months of July through mid-November. In addition, Ecology stated that the Washington State Department of Fish and Wildlife tentatively recommends that no diversions be permitted between April through June. Ecology stated that despite the 1956 priority date of the City's application, any water right that might be granted would be subject to instream flow requirements that would necessarily be set as part of granting the water right. The possible listing of Puget ,Sound Fall Chinook salmon and Hood Canal Summer Chum salmon under the Endangered Species Act would also have a significant adverse affect on the City's ability to obtain water rights to divert water from the Dosewallips River. If either or both of these species is listed as Endangered Species, the City's ability to secure water rights and effectively develop the Dosewallips to meet its future municipal needs would be unlikely. An additional consideration in dropping the water right application is the likely very high cost of conveying water from the Dosewallips River to Port Townsend and the need for storage because there would be such a short withdrawal period. 5.5 Interties The City has wholesale contracts for the delivery of water. To eliminate any potential argument that these wholesale customers are located outside of the boundaries of the City's water service area, as it exists now or at the time water rights were granted to the City, this notice is being provided to grandfather these interties according to state law. Pursuant to RCW 90:03.383, DOH and Ecology were notified that the interties were existing and in use as of January 1,1991 (see intertie notice to Ecology and DOHin Appendix O). The wholesale customers to which the City provides water through an intertie are as follows: · Fort Flagler State Park · Depar~ax-~ent of the Navy (indian Island) · Jefferson County PUD No. 1 (LUD No. 3 - "South Hastings Loop") · Jefferson County PUD No. 1 (Glen Cove) CrTY OF PORT TOWNSENO WATER SYSTEM PLAN 5-5