Aspect’s Dan Haller Weighs in on Water for Washington’s French-Fry Boomtown

Aspect’s Dan Haller was recently quoted in a Washington Post story about Othello, central Washington’s self-proclaimed french-fry “boomtown.” As climate change has impacted the potato business in other parts of the country, Othello has become an industry leader, but the key to sustaining this success going forward will be water.

Groundwater supply concerns have been in the news this summer (notably in this comprehensive New York Times article). Only a few years ago, Othello’s water future seemed in doubt, as the city faced decreasing yields from its wells. Aspect was brought in to evaluate the City’s well yield and determine the causes of declining groundwater supplies. Working with the City, the Washington State Department of Ecology, Office of Columbia River, and the US Bureau of Reclamation (BOR), Aspect helped develop an Aquifer Storage and Recovery (ASR) program that would support long-term growth and provide stable water supplies. The ASR program, which was first tested in 2021, operates by diverting and treating canal water to drinking water standards, then introducing (recharging) that water to the declining aquifer using existing wells. This artificially recharged and stored water combats the declining groundwater issues and can be later recovered by the City for municipal supply.

This work has been vital to Othello’s success, but as Dan points out in the Post article, the well system that farmers rely on was only ever supposed to be a temporary solution. Othello’s use of BOR canal supplies is a step towards the original vision for primary water use in the region: transitioning away from groundwater and connecting to the Columbia Basin Project, a government-funded program that stores Snake and Columbia river supplies. As Othello’s wells begin to run dry, this water will be critical to the town’s survival. The good news is there’s plenty of supply to be had; according to the Post article, the Columbia has only been tapped for 3 percent of its available water flow. Building out this infrastructure will be essential for Othello’s continued reign at the top of the french-fry world.

2040 Temperature Check on One of North America’s Biggest Watersheds

More water earlier and less snow – the Columbia River Basin’s water health was recently forecast into 2040 as the result of a two-year study across the Washington State Department of Ecology, Washington State University, University of Utah, State of Washington Water Research Center, and Aspect Consulting in the 2021 Long-Term Water Supply & Demand Forecast.

Photo Credit: Robyn Pepin, Aspect Consulting. Columbia River near Entiat

This mammoth water evaluation project – done every five years since 2006 – looks across the Columbia River Basin, which includes 34 eastern Washington watersheds. Hydrological modeling, economic modeling, regulatory context, remote sensing, surface water and groundwater monitoring and more all are studied to predict the future of water for agriculture, population growth, and instream flow health under a changing climate in this critical basin.

Forecast Insights for the 4th Largest Watershed in North America

Image Source: 2021 Columbia River Basin Long-term Water Supply and Demand Forecast

The Columbia River Basin is the 4th largest watershed in North America, running down from headwaters in Canada and mainly into four states – Washington, Oregon, Idaho, and Montana. Some notable details and insights from the recent forecast include:

  • Wet months getting 15% more water and dry months getting 28% less water

  • Earlier planting dates and more heat stress during the hot months

  • 17% higher population growth across Washington state leading to increases in demand for residential water and hydroelectric power

  • Trends in groundwater levels across the last 20 years were predominantly declining across the basin. The steepest declining trends correspond with the most heavily pumped layers and areas such as the Grand Ronde aquifer in the Odessa Sub Area and the Wanapum aquifer in parts of the Yakima Basin and Horse Heaven Hills.

Expected changes that will influence future water supplies and demands. These expected trends inform the scenarios explored in the 2021 Forecast.

Graphic Source: 2021 Columbia River Basin Long-term Water Supply and Demand Forecast

A 2040 Water Crystal Ball: Water Retiming Means More Water Earlier

Among the many takeaways in this report is the impact of climate change on water cycles. Chief among those is the prediction that peak surface flows – that feed the historically typical April – October agricultural season – will begin earlier, thus leaving less water available later in the summer when demand for that water is higher. Snowpack – the Pacific Northwest’s natural water reservoirs – will likely melt earlier because of warmer temperatures.

This ripple effect will influence agriculture starting earlier in the growing lifecycle; instream flow challenges with higher temps for fish habitat; and populations in arid regions will likely be incrementally more dependent on groundwater to serve future water supply. Declining groundwater trends mean that alternative water supplies may not be available in some areas so additional solutions are needed.

Time (in years) until the average available saturated thickness has declined by 25% in at least one aquifer layer in each groundwater subarea.

Image Source: 2021 Columbia River Basin Long-term Water Supply and Demand Forecast

State-of-the-Science Research

Aspect teamed with the project team and the scope of the science and monitoring over the last two years is impressive. A team of scientists and engineers looked at remote sensing and telemetry data across eastern Washington; climate change forecasts; population growth projections; well logs; and water rights. Some of the months-long study details of that include:

  • Integrated hydrological, river operations, crop production, and municipal, domestic and industrial water demand modeling in 34 watersheds under 34 potential climate change scenarios

  • Groundwater level trend analysis on 670+ wells

  • Automated well log review of over 4,000+ well logs

  • Manual well log review of 300+ well logs

Learn more also at WA Ecology’s project StoryMap here.

The Nooksack Adjudication: A Pivotal Washington State Water Story

In Fall 2020, after decades of unresolved conflict, Washington State made a decision to initiate a “general adjudication” on a key Northwest Washington watershed – the Nooksack basin in Whatcom and Skagit Counties. This means that thousands of water right users will be formally evaluated. What does this mean? In a word certainty. Certainty for the State of Washington, Tribal governments, and the water users themselves. Why is this happening now? It’s the most common water story in the West – there’s just not enough water to go around.

The Nooksack watershed is one of two areas (WRIA 58, including Lake Roosevelt, was the other one) recommended for adjudication.

The Nooksack watershed is one of two areas (WRIA 58, including Lake Roosevelt, was the other one) recommended for adjudication.

Adjudication – What is it?

An adjudication is a binding court Decree by the state whose end result is a comprehensive inventory of valid water rights. Put in simple terms it means that an Adjudication Court, with support from the Washington State Department of Ecology (Ecology), will methodically review all water uses in the watershed and confirm each water right has ‘valid’ water uses.

Why Now: What’s happening in Northwest Washington?

More rural development. Unquantified Tribal water rights. More water needs for agriculture in a growing part of the Pacific Northwest. Keeping water in the stream for fish. These competing demands often emerge as ‘whose water is this?’ battles in water rights. In Skagit and Whatcom counties, the adjudication is looking to bring certainty; however, there’s a lot of differing opinions on how to get there.

The Second Biggest Adjudication in Washington State History

Washington State is a ‘first in time first in right’ state for water law. Another way of saying it is if you were there first in using water, you are at the head of the line. That line can extend over a century in Washington state, and over generations if the water right passes on via property transfers. The Nooksack adjudication is potentially very big in scale.

The biggest one was in Yakima, and that took over 40 years to resolve including six Supreme Court cases. The schedule for the Nooksack will hopefully be more compressed, and Ecology plans to try out several time-saving shortcuts to make the process more streamlined.

Here to help as the State’s Preeminent Water Rights Firm

Aspect has consulted on literally thousands of water rights in Washington state in the last 10 years. We have also been involved in Nooksack water resources for more than a decade, including helping to lead the most recent watershed planning in 2021. We are looking forward to working with Nooksack water users.

Learn more here: www.nooksackadjudication.com

Aspect's Dan Haller Presenting at Upcoming Water Law in Washington Seminar

Join Aspect’s Dan Haller at the upcoming LSI Water Law in Washington Seminar on June 10-11. Dan will join a standout group of experts addressing some of the most pressing issues in Washington water law including watershed planning, water rights adjudications, municipal transfers and inchoate rights, Tribal water rights, droughts, and more. Dan’s presentation will provide a status update on the watershed planning process and RCW 90.94 compliance across 14 Washington watersheds. The Conference will be presented via live Interactive Broadcast. For more details visit the LSI website.

Celebrating Key Watershed Plans in Spokane and Okanogan Basins

January 2021 launched great news for watersheds across Washington state – but first, let’s recap.

The $300 Million Watershed Law

In 2018, following water rights uncertainty that held up a $4 Billion budget in Washington State, the state passed the $300 Million Streamflow Restoration Act. The prime target was unlocking more water in a way that benefits habitat, communities, and agriculture and allows thoughtful development plans to proceed. Fast forward to 2021 and counties and basins across the state are seeing the outcomes of that law – most directly 6 out of 15 basins have updated watershed plans to date.

Status of Streamflow Restoration Grants and Planning Process
Source: Washington State Department of Ecology

Key Takeaways of Streamflow Restoration Act Results (So Far)

  1. Permit-exempt well impacts on instream flows and water right holders will be completely offset for the next 20 years.

  2. Local watershed partners have once again demonstrated they can collaborate on local solutions to water supply challenges.

  3. The plan adoption paves the way for shovel-ready projects to be implemented to benefit streamflow.

In three of those basins – Little Spokane (WRIA 55), Okanogan (WRIA 49), and Chehalis (WRIA 22 and 23) – there has been real progress on planning for the future water needs of the region. Aspect has worked for years on two of these (Little Spokane and Okanogan) and is excited to see the positive outcomes so far.

Little Spokane Watershed (WRIA 55) Plan Update

Headwaters of the Little Spokane River, near Newport, WA

Aspect has worked with Spokane County over the last several years to support watershed planning and management, including the development of watershed restoration projects. On January 28, 2021, Ecology adopted the updated Little Spokane Watershed Management Plan. This will mean:

  • Spokane County is in the process of completely offsetting permit-exempt well impacts and developing streamflow improvement projects totaling 4,085 acre-feet, including:

    • Purchasing water rights as mitigation

    • Building a Managed Aquifer Recharge project

    • Studying approaches for increasing storage in Eloika Lake to improve summer streamflows, combined with wetland and habitat enhancement

Okanogan Watershed (WRIA 49) Plan Update

Okanogan River
Source: US Forest Service

Aspect has worked for years with Okanogan entities like Oroville-Tonasket Irrigation District (OTID) and others to lead up to this watershed planning update. This will mean:

  • The lead Okanogan watershed planning group -- WRIA 49 Planning Unit -- developed a two-tier list of projects to be adaptively managed to provide both consumptive use water offset and achieve Net Ecological Benefit in a manner consistent with the strong agricultural values of the community.

  • Two projects – Antoine Valley Ranch and Methow Beaver Project’s Restoring Streamflow after Wildfire in Okanogan and Methow River Subbasins – have been funded by Ecology and will be the first projects implemented following the adoption of the plan.

Join us on November 3rd and 4th for the 13th Annual Washington Water Code Seminar

On November 3rd and 4th, join (virtually) Aspect’s Principal Water Resource Engineer Dan Haller and Senior Associate Hydrogeologist Tyson Carlson at The Seminar Group’s 13th Annual Washington Water Code Seminar.

As Co-chair, Dan will guide a distinguished group of professionals presenting on the past, present, and future of key issues in water law, including relinquishment, adjudications, conservancy boards, water banking, and instream flows.

In addition to Co-chairing the conference, Dan is leading the “Water Right 101 Power Hour: An interactive presentation on how the prior appropriation system works, impairment in water rights, and how engineering, hydrogeology, policy, and legal disciplines all have important roles in administering the water code.”

Tyson is co-presenting at the “COVID-19 Impacts on Water Resources in Washington” Session. This session aims to inform attendees on the “economic impacts, regulatory response, and use of technology in adapting to COVID-19 issues in water resources; New Health and Safety Standards for Projects; Use of Technology (drones) for site visits; how technology is changing the water resources practice.”

The Conference will also highlight Ecology’s recent legislative report on the future of adjudications in Washington. Given that the Acquavella Adjudication in the Yakima basin lasted 42 years, Ecology’s recommendation to adjudicate basins in Whatcom County and near Lake Roosevelt will help shape the future of water right law and policy for years to come.

Learn More about the upcoming conference here: https://www.theseminargroup.net/seminardetl.aspx?id=6064

Spotlight on PNW Water Resources Leaders: Twisp Mayor Soo Ing-Moody

Twisp’s Mayor, Soo Ing-Moody was recently profiled in the Seattle Times to shine a spotlight on her leading this rural and vital Northern Washington State town – a world-class destination for internationally-known cross country skiing and sunny season hiking and water recreation.

Over many years, Aspect played a key part in helping secure the Town’s water rights, which the Town worked on for almost two decades to make sure sensible development proceeds in this sought-after North Washington area.

Twisp Mayor Soo Ing-Moody
Photo Credit: Mike Siegel / The Seattle Times

Under the leadership of the Mayor, Aspect helped find and negotiate the purchase of enough water rights to grow for more than 20 years. The Town and Aspect also worked with Ecology to help obtain the necessary permits to make the transfer possible.

Read more about the Town and Mayor’s leadership here.

Inside Water Rights: Focusing on the Consumptive Use Principle

Washington state water rights law can be both complex and arcane. However, there are key fundamental principles that decide whether a project will get to use water the way they want to. One of these principles is not increasing consumptive use under a water right. This rule originates from the “no impairment” standard in Washington which says you can change your water right to a new use, but you can’t harm any other water right holder by doing so. One way you can impair another’s water right is by increasing the “consumptive use” as a result of your project.

How Spreading Acreage Policy Increased Focus on Consumptive Use

Before 1997, consumptive use was not a common term of art in water rights. That is because the law prohibited increasing the number of acres authorized on your right, even if you wouldn’t use any more water by doing so. This is still the case in Oregon. However, in 1997, the Legislature allowed increases in acreage (also called “spreading”) so long as the consumptive use was not increased.

For example, this allowed farmers to change from 40 acres of orchard to 80 acres of vineyard, which was not allowed before. In order to prevent impairment by an increase in consumptive use, the Legislature created a formula to quantify how much of your total use is divided into consumptive use (which is typically evapotranspired by plants) or return flow (which seeps into the ground and becomes available for others to use).

‘Use-it-or-Lose-it’ and The Loyal Pig Vineyard Story

Loyal Pig Vineyard case hinged on the consumptive use principle, a fundamental element of water rights projects and case law.

Photo Credit: Capital Press

Recently, there was an interesting case hinging on the consumptive use principle that was decided in the Court of Appeals (where it ultimately was denied after an earlier victory in Superior Court). The Loyal Pig case was arguing that it need not calculate consumptive use for its current transfer because it had already done so in a previous transfer less than 5 years earlier. Because the “use-it-or-lose-it” relinquishment standard is a 5-year standard, they sought to harmonize these two different elements of the water code and simplify later transfers. This was important to them because the final amount of acres they sought to spread was not known at the start of their project, but rather a function of how efficient they could be with their crops.

Ultimately, the Court decided that the plain language of the consumptive use test trumped any benefit to harmonize different elements of the water code, although that could be done legislatively. Now Loyal Pig can either appeal to the Supreme Court or start over and process their transfer with the proper calculations.

Knowing the Case Law is Key to Water Rights Permitting

While this case was procedural in nature, it shows that knowing and staying up to date in water rights case law is crucial to water rights permitting success. Aspect routinely works with farmers and agricultural clients on quantifying consumptive use of their water rights and has successfully processed numerous spreading transfers.

Water Banking Takes Center Stage in Washington State 2020 Legislative Agenda

The 2020 Washington State legislative session kicked off in January and the future of water rights and water banking in the state are taking center stage in the early legislative discussions. At least six prominent bills centering around the State’s “Trust Water Rights” program are being proposed. These bills range from advocating for incremental changes to fundamentally altering how water is permitted, including ideas to prevent or add new criteria for out-of-basin transfers; set up a new “community needs” test to form a water bank; prevent conservancy boards from working on water banks anymore; to charge money for setting up and running banks to cover State time.

Why is Water Banking a Hot Topic?

There’s been an increasing public spotlight in Washington State water permitting issues, including some recent worries that out-of-area speculation is influencing the water market. A reminder that in 2017, the entire $4 Billion state legislative session hinged on the resolution of the Hirst water rights negotiations. That 2017 legislation eventually led to the 2018 Streamflow Restoration Act, which manages over $300 million dollars in state funding to address water rights and supply challenges throughout the state’s watersheds to help habitat, agriculture, and communities over the next 15 years.

Current Water Rights Resources and Information

There’s a range of informed news and opinion resources on this complex topic of water rights and water banking, here are just a few recent ones to stay informed:

Learn More About Water Banking

Aspect is heavily involved in the water banking arena, helping clients with policy (with Washington State University on the Columbia Basin Long-Term Water Supply and Demand Forecast) setting up and running banks (e.g., Oroville-Tonasket Irrigation District (OTID) and the Bourne bank, among others), and helping connect buyers and sellers at the local level.

Contact Dan Haller or Tim Flynn to learn more.

Advancing Washington State Water Law for Fish, Housing, Farming, and Industry in 2020

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.

Aspect Team to Present on Water Rights at Seattle Law Seminar November 20 and 21

At The Seminar Group’s November 20 and 21 forum on Washington state water rights, Aspect’s Dan Haller, Tyson Carlson, and Taylor Dayton will be presenting on a variety of features of Washington’s Water Code.

Dan Haller, Tyson Carlson, and Taylor Dayton will discuss a range of Washington State water rights topics at The Seminar Group’s November 20-21 forum.

As Program Co-Chair, Principal Engineer Dan Haller, alongside Jeffrey Kray from Marten Law PLLC, will introduce both Day One and Day Two sessions. Dan will also join a panel discussion on Day One — along with David Christensen with Ecology and Sara Mack of Tupper Mack Wells PLLC — covering current relinquishment law and legislative themes.

Also on Day One, Project Engineer Taylor Dayton ( Chelan County Conservancy Board member) joins David McClure, Executive Assistant of the Klickitat County Water Conservancy Board, to discuss the past, present, and future of water right transfers from the Conservancy Board perspective.

On Day Two, Senior Associate Hydrogeologist Tyson Carlson joins a panel discussion — with Ecology’s Trevor Hutton and Kittitas County Public Health’s Erin Moore — on Kittitas County’s groundbreaking water bank program.

The sessions will be at the Seattle Hilton and registration is still open.

Exploring the Complexity of Water Rights Investing

The Seattle Times published an in-depth two-part series looking into recent challenges and proposed solutions of investing in water rights in Washington State. The articles spotlight the Chewuch Canal in the Methow Valley and a farm in the Palouse as two examples of different perspectives on water banking, the state’s Trust Water Rights Program, and what it means for the future of water in some of the state’s most sought-after agricultural centers.

Given Aspect’s experience with thousands of water rights projects as well as the majority of the state’s water banks, we welcome discussion on the complex topic of water rights investing in the Pacific Northwest.

Contact Tim Flynn and Dan Haller if you’re interested in more discussion on these topics.


The $82 Million Icicle Creek Subbasin Watershed Plan Hits a Milestone

This Seattle Times article provides an in-depth look at the complex mix of aging alpine dams, world-renowned wilderness area, and the potential of changing climate patterns in the Icicle Creek Subbasin. The spotlight’s on this North Central Washington region as the 6+ year Icicle Creek Subbasin strategy hit a recent milestone with the release of the project’s Programmatic Environmental Impact Statement.

Since 2012, Aspect has been the facilitation and technical lead for this effort, serving a broad working group of city and county agencies, tribes, fisheries, irrigators, and the community. The overall program is designed to improve instream flows, assist in agricultural sustainability, and provide for local domestic growth beyond the year 2050 at an investment of $82 million over the next 10 years.

Dan Haller Presents to the Water Mitigation Task Force

Aspect is routinely involved in helping inform State policy makers on implications of existing and proposed legislation. Our staff track and comment on existing legislation, help our clients propose new legislation, and interact with State agencies as they propose and shape new water policy. Aspect’s Dan Haller was asked in the summer of 2018 to provide a presentation on mitigation projects and mitigation sequencing to the Washington State Joint Legislative “Water Mitigation Task Force”. This Task Force is charged with evaluating how the law could be changed to adopt mitigation standards for water projects where water-for-water cannot be supplied for a project in-time and in-place. Often the “in-time” component of mitigation is the most challenging element as supply and demand are hard to match perfectly.

Dan speaks about several mitigation projects Aspect staff have worked on in recent years, including:

  • Town of Twisp / Methow Valley Irrigation District, which paired an irrigation project rehabilitation with water banking to offset growth in the Town for the next 20 years.

  • Lake Roosevelt Drawdown, which re-operates Grand Coulee Dam by 1 foot making that supply available for agricultural reliability, instream flow, and municipal use.

  • Kittitas County Consumptive Use Pilot, which seeks to clarify the exact nature and magnitude of indoor domestic use.

  • Chelan County Alluvial Storage Pilot, which seeks to engineer natural storage log jams to retime water from spring to summer.

Check out the video of Dan’s presentation below.

Learn about Washington Water Law

Aspect’s water law expert, Dan Haller, will be presenting on Water Banking for Agricultural Water Supplies at the 27th Annual Water Law in Washington conference (June 14-15). This year’s conference focuses on major legislative changes, new case law, and important practical information for water rights and resource management in the State of Washington.

Next Step in Icicle Creek Basin Solution – June 27 Public Hearing in Leavenworth

Taking the next step in a process that began in 2012, Chelan County and the Washington State Department of Ecology (Ecology)  have released the Draft Programmatic Environmental Impact Statement (PEIS) for the Icicle Creek Water Resource Management Strategy (Icicle Strategy). The Draft PEIS will be summarized and discussed at a public hearing on Wednesday, June 27 from 4pm to 8pm at Leavenworth Festhalle, 1001 Front Street, Leavenworth, WA. The PEIS evaluates five alternatives to help the Icicle Work Group (IWG) map out a solution for instream flow, tribal, agricultural, domestic, and recreational water needs for the Icicle Creek Subbasin in central Washington.

See Chelan County’s Icicle Strategy website for more information. Aspect has helped coordinate the development of the PEIS, along with multiple teaming partners and co-leads Chelan County and Ecology.

Water Banking in the West

Water banking is increasingly being looked at as an innovative approach to storing and releasing water in water-challenged areas of the West. In May’s issue of The Water Report, Aspect’s Dan Haller wrote an in-depth look at water banking in Washington state, how it compares to the rest of the West, and what recent legislative changes mean for the successful adoption of this water supply tool. Click below to read the article. 

Aspect Talks Water at AWWA Conference

Tim Flynn and Dan Haller will both be presenting Friday April 27th at the AWWA ‘Just Add Water’ 2018 Section Conference in Tacoma. Friday morning, Tim’s presentation will focus on the City of Othello’s unique approach to source development by securing new supplies using irrigation canals, reclaimed water and ASR.

Aspect’s Andrew Austreng will be moderating the afternoon Water Resources technical session during which Dan Haller will be presenting an overview of water rights and water banking in WA.

Aspect’s Dan Haller Sharing His Water Rights Strategies and Discussing the New Exempt Well Legislation at the Central Washington Agriculture Seminar

On April 6th, Aspect’s Dan Haller will be speaking on three water right topics: how to stretch your existing rights to cover new irrigated lands (spreading), the new legislation on rural exempt wells (ESSB 6091), and relinquishment protection strategies. 

Join Dan and other distinguished speakers for the FREE Central Washington Agriculture Seminar.