New rule limits water rights

Water is not an unlimited resource, even in a place as rainy as the Stillaguamish River Valley.

For new development, that means a new way of doing business.

That’s the cautionary premise behind a controversial new rule written by the state Department of Ecology.

The rule sets minimum stream levels designed to keep enough water for fish, boaters, water quality and aesthetics in the Stilly during dry summers. Low flows result in dirtier water with less oxygen, which hurts threatened fish species.

The rule steers new farmers or new businesses away from applying for new water rights. Instead, it encourages them to find and purchase existing water rights.

New water rights for farms and industry will be granted only if they agree to shut off their spigots whenever the river gets too low.

In dry years such as this one, that could mean most of the summer.

Existing farms and businesses will not be affected.

That idea of an interruptible water right drew fire when the new rule was first proposed this year. State officials received more than 700 comments, many from farmers.

With agriculture already struggling, attracting new farmers is going to be nearly impossible if they can’t get water in the summer when they need it most, said Hank Graafstra, owner of Country Charm Dairy in Arlington.

“This is the end of any dairy farms being in here,” Graafstra said.

Not necessarily, said Ecology Department spokesman Curt Hart.

The department has records for about eight times more existing agricultural water rights and claims than are currently being used, Hart said.

New farmers can buy or arrange transfers of those water rights, he said.

The rule also sets a cap on the amount of groundwater that new rural homes can tap into with wells in the next 20 years.

That amount, 3.2 million gallons, would limit rural growth in the valley to about 9,000 homes, assuming an average daily use of 350 gallons.

“That’s more than enough water to provide for 20 years of rural growth,” Hart said. “But we don’t pretend that this rule is going to provide for all future growth.”

More homes could be permitted if water conservation measures are used, Hart said.

The Ecology Department will track how many building permit applications are turned in to Snohomish and Skagit counties’ planners, Hart said.

For Graafstra, it seems a shame to watch the steady rains of winter wash out to sea and then face drying trickles in the summer.

“To me, we’re going to have to retain some of the water in the wintertime,” Graafstra said.

That’s actually an option Arlington is considering. The city is scrambling to line up enough water to meet its projected growth goals of as many as 30,000 people in the next 20 years. The city has more than 15,000 people now.

Arlington gets two-thirds of its water from wells at the city-run airport, said Mike Wolanek, a city water-quality specialist. The rest comes from Spada Lake in a deal with Everett and the Snohomish County PUD.

At its projected growth rate, the city could need additional water sources as early as 2011. So the new rule concerns the city’s water planners.

While the city will pursue purchases of more Spada Lake water and other existing water rights closer to home in the Stilly valley, it is also looking into capturing winter’s excess flows.

To store the water, the city is exploring pumping it back into the ground near its airport wells, said Bill Blake, Arlington’s natural resources coordinator.

“I think we can do that up and down the valley in a few areas if we do this right,” Blake said.

The rule might cause people some problems, but it’s also a reality check, Blake said.

“The good part is we’re talking about it now instead of when there’s a crisis,” Blake said.

Reporter Scott Morris: 425-339-3292 or smorris@ heraldnet.com.

For more information

New farmers who want to know from whom they can purchase or transfer existing water rights can call the state Department of Ecology at 425-649-7270.

To read the new rule, visit www.ecy.wa.gov.

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