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.

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

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.

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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

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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

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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

Community Water Supply Solutions: A Success Story

Since construction 30 years prior, yield in two of this rural town’s (in southern Washington state) drinking water wells has been in a steady, long-term decline.

At these problem wells, results of regular water-quality testing were showing increasing amounts of iron and silica, and concentrations of sodium were exceeding advisory levels. More recently, wellfield operators were reporting the sound of water cascading down the casing beneath the pumphouse, and could hear the hiss of air entrained in the discharge line. Utility managers with the town were growing concerned about the longevity of the wells and whether they could continue to meet demand.

The local PUD, who operates the wells for the town, wanted to get things back on track. But where to start? Which of the problems should they address first? And how would they know they were investing in the right fixes, and making the best decisions for their customer owners? The PUD brought in Aspect to problem solve and rehabilitate the wells to recover the lost supply.

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Water pumped from one of the town’s water supply wells with high iron oxides and turbidity.

Well Rehabilitation Detective Work

For the PUD, our initial approach examined the usual suspects of declining wellfield performance: well construction records, changes in water quality, regional trends in aquifer levels, and the condition of the pump and motor. As part of our review, we also used a slimline downhole camera to observe the condition of the well screen and casing. Our “nano” camera is designed to be deployed without having to first pull the pump—a significant time and money saver for everyone involved—and provides real-time information to diagnose what’s happening underground.

Our investigation revealed that the water supply wells were suffering from both chemical and physical complications: poor well construction and high iron-sulfide content in the source aquifer was fueling a booming population of slime-forming bacteria. Although each of these problems could be addressed with short-term fixes, they represented long-term maintenance costs and perpetual service interruptions for the PUD. While nearly any drilling outfit is capable of clearing obstructions and replacing damaged casing, our hydrogeologists provided big-picture perspective of the subsurface. Instead of attacking the symptoms of well decline with temporary solutions, we looked to understand the root cause of water problems and make recommendations that will improve pumping capacity for the long-term.

Reducing Long-Term Cost and Gaining Higher-Quality Groundwater

As an alternative, Aspect recommended a phased approach to rehabilitate the water source. First, to address water needs today, we prescribed a series of well rehabilitation treatments to restore the well performance. Second, to address water needs in the years to come, we outlined steps for developing a new source in a higher-quality body of groundwater. In addition to reducing long-term cost, this approach is consistent with the PUD’s mission to serve their customer owners.

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Water filtration system necessary to treat water prior to distribution.

Contact Aspect to Learn More About Well Rehabilitation Services

Successful well rehabilitation results from a methodical process.

If you have questions or want to learn more about our well-rehabilitation services, please contact Jon Turk or Andrew Austreng in our Water Resources Practice.

Water Bank Pioneering at the Washington and Canada Border: Interview with Oroville-Tonasket Irrigation District

Oroville-Tonasket Irrigation District (OTID), located in north-central Washington State, enjoys senior water supplies from its sources in Lake Osoyoos and the Okanagan River. However, the region has undergone droughts in recent years, resulting in curtailment for junior water rights. In order to make use of its currently available water right and help those without reliable water supply, OTID – with technical and regulatory support from Aspect - set up a water bank that can lease a portion of its unused water to interested customers in the Okanogan River basin, and downstream along the mainstem Columbia River.

Water banking is a relatively newer concept to Washington state and this is the first time this model has been tried in the Upper Columbia Basin, which reaches the Canadian border. In this interview with OTID Secretary-Manager Jay O’Brien and the national magazine Irrigation Leader, Jay speaks about the inspiration for the district’s water banking system, how it works, and how the same concept can benefit other irrigation districts across the region.

Read the article here: http://irrigationleadermagazine.com/

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.

Reducing Washington State Drought Impacts in the Okanogan River Basin

In both the northern reaches, high desert region, and even the Olympic Peninsula—literally one of the wettest places in the lower 48 states historically—summer 2019 is a serious drought year in Washington State. Earlier this spring, the governor declared a drought emergency, which was able to unlock emergency relief options and funding for 27 watersheds across the entire state. In the Methow, Okanogan, and upper Yakima River watersheds, it’s particularly bad. Based on current forecasting, the Okanogan is expected to be at 58 percent of normal, and curtailment notification letters have already been sent to local water users. However, this drastic forecast has prompted forward thinking. 

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In partnership with the Washington State Department of Ecology (Ecology), the Oroville-Tonasket Irrigation District (OTID) has developed a “water bank” in the Okanogan River basin to help regional water users impacted by the drought. The water bank will be used to support instream flows and to assist “junior” water users during periods of curtailment. OTID is seeding the bank with two of its senior water rights. In 2018, Ecology, with assistance from Aspect, certified these water rights through the state’s Certified Water Right Examiner process. 

Ecology is working to complete the required permitting to place the water rights in the state’s Trust Water Right Program (TWRP) to create the water bank (read more about water banks on Ecology’s website). This water bank will be seeded with about 7,500 acre feet of water, which will be made available for drought relief. From this bank, eligible water users can “withdraw” water for both irrigation and municipal or domestic uses.

 More information can be found at the following website:

https://www.aspectconsulting.com/otidwaterbank

Aspect at the 2017 WA Hydrogeology Symposium

Aspect's Tyson Carlson and Andrew Austreng will both be presenting at the 11th Washington Hydrogeology Symposium in Tacoma this week (May 9-11). Senior Project Hydrogeologist Andrew Austren will discuss his Aquifer Storage and Recovery (ASR) work on the Columbia Plateau. Andrew will present on his work for the City of Othello and how the City aims to stabilize aquifer levels and support well yields under current and future water demand.

Associate Hydrogeologist Tyson Carlson will present at a Thursday workshop on Training for Water Rights Analysis – Certified Water Rights Examiners (CWREs).  This workshop offers a refresher for CWREs on Washington water law. Tyson’s presentation will focus on how to write a proof of examination.

Taking place in Tacoma, the Hydrogeology Symposium is one of the Northwest's foremost meeting place for hydrogeologists and groundwater professionals in the academic, regulatory, and business worlds.

Know Your Source: Exploring Hydrogeology’s Role in Water Rights Transfers

Check out the January issue of The Water Report, where Aspect’s Associate Hydrogeologist Tyson Carlson explains the key role hydrogeologic evaluation plays in successful water rights transfers. The article revolves around the “same source” concept and how understanding the hydrogeologic system of a site will help you manage risk, expand transfer options, and bring more certainty to regulatory approval.

Read the article here.

This article is reprinted with permission from The Water Report. A review copy of The Water Report is available to anyone, upon request, at www.thewaterreport.com.

Examples of Same Source Part of a Common Flow Regime

Aspect Presenting on Topics Ranging from Hydrology and Water Rights to Water Supply and Demand Projections at Water Rights Transfers Seminar

Aspect’s Dan Haller and Tyson Carlson will be presenting at The Seminar Group’s 9th annual Water Rights Transfers seminar. On November 9th, Tyson will be presenting during the Hydrology And Water Rights portion of the seminar. He will be discussing approaches used to determine same body of public groundwater; groundwater – surface water continuity; potential impairment and water availability; and mitigation suitability.

The next day, Dan will join a panel to discuss the 2016 Water Supply and Demand Forecast. The group will present on the new supply/demand projections through 2035; water banking inventory; and economic evaluation on how the cost of water is affecting water supply development.

Learn more about the seminar HERE.