In November 2019, the “Foster” Task Force (referencing the name of the 2015 water rights case it was charged with reviewing) delivered its Water Resource Mitigation Report (Report) to the Washington State Legislature. As the Legislature meets in 2020, this topic may arise in the water bills that will be debated in the coming months. The Report provides an update on progress in the Task Force to define mitigation sequencing, the five “pilot” implementation projects, and how this effort is being integrated with Ecology’s Net Ecological Benefit guidance that was adopted in 2019 for permit-exempt well mitigation.
The issue of how out-of-time and out-of-kind mitigation will be evaluated and potentially codified by the Legislature is a critical question that affects future development in Washington (new housing, farming, and industry). It will also create a framework for how these important out-of-stream needs can be harmonized with fish recovery goals in Washington.
Aspect is currently facilitating two of the RCW 90.94 watersheds that are required to develop Net Ecological Benefit Watershed Plan Updates: Okanogan and Little Spokane. The Foster Task Force’s recommendations (summarized from the Task Force’s group which includes almost 20 members from state government, agencies, municipal water purveyors, tribes, farming, and advocacy groups) on mitigation sequencing may influence these plans that must be adopted by Ecology in early 2021. Aspect’s Dan Haller had the opportunity to present several mitigation projects Aspect has helped clients develop to the Task Force to help inform mitigation sequencing. Check out the report at this link to get up to speed with this emerging water issue.
Contact Dan Haller if interested in discussing the implications of this report further.