November 5, 2014

Whatcom County Coordinated Water System Plan Update

Water Utility Coordinating Committee

(WUCC)1

Introductions Whatcom County Council

representative County Staff WDOH staff Ecology staff Water Purveyors (voting/non-

voting) Tribal Representatives General Public RH2 Engineering, Inc. 2

Coordinated Water System Plan

(CWSP) Developed pursuant to the Public Water

System Coordination Act (Chapter 70.116 RCW) and the Water System Coordination Act (Chapter 246-293 WAC)

Identifies the Critical Water Supply Service Area (CWSSA)

Incorporates water system plans for public water systems in the CWSSA

Includes “supplementary provisions”.

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Coordinated Water System PlanSupplementary Provisions

Supplementary Provisions include:

Assessment of related, adopted plans

Identification of future service areas and service area agreements

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Coordinated Water System PlanSupplementary Provisions (cont.)

Minimum area-wide water system design standards, including fire flow performance standards

Procedures for authorizing new water systems

Assessment of potential joint-use or shared facilities and/or management programs.

(WAC 246-293-220-240)5

Coordinated Water System Plan

Plans are to provide for “maximum integration and coordination of public water system facilities consistent with the protection and enhancement of the public health and well-being.” (RCW 70.116.050)

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Brief History of Whatcom County CWSP

Process initiated in 1990 CWSSA designated in 1991 Draft CWSP was produced in 1993 Never officially adopted by WDOH Draft was updated in 2000 and was

approved by WDOH Current update commencing

November, 2014

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CWSP UPDATE

We plan to use whatever we can use from the existing plan

We see four types of information: 1. Information still relevant will be re-

used 2. Information that needs to be updated 3. Information no longer relevant will

be deleted 4. New information will be included.

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Water Utility Coordinating Committee

(WUCC) Statutory “vehicle” to do CWSP

update WUCC Voting and Non-Voting

Members WAC 70.116.040 Defines who is a

voting member Representative from each purveyor

serving more than 50 customers (connections)

County Legislative Authority (Council) County Planning Agency County Health Agency

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Background

Voting by WUCC Members WAC 70.116.050(2)

Decisions of the committee shall be by majority vote of those present at meetings of the committee.

All voting WUCC members: Assign a primary representative

(required) Assign an alternate representative

(optional)10

County Council Representative

WUCC – Voting Member Carl Weimer Rud Browne, alternate

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County Staff

WUCC – Voting Members Planning and Development

Services Mark Personius

Health Department John Wolpers

WUCC – Non-voting Member Public Works

Gary Stoyka12

WDOH Staff

WUCC – Non-voting Member

Regional Planner Richard Rodriguez

Regional Engineer Jolyn Leslie

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Ecology Staff

WUCC – Non-voting Member WRIA 1 Watermaster

Kasey Cykler

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Purveyors

WUCC – Voting Members Systems Serve More Than 50

Connections

WUCC – Non-voting Member Systems Serve 50 Connections or

Less

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Tribal Representatives

WUCC – Non-voting Members Lummi Nation

Nooksack Indian Tribe

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General Public

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RH2 Staff

Consultants: Jim Bucknell

Meeting Facilitator and Document Lead

Andy Dunn Technical and Data Lead

Michele Campbell Engineer Lead

Jacki Quinn Meeting Summary & Document

Proofing

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Background

Previous Coordinated Water System Plans (CWSP) 1993 2000

County Council Resolution 2014-045

2016 County Comprehensive Plan Update

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Background Critical Water Supply Service

Area Boundary COUNCIL RESOLUTION 91-075 All land in Whatcom County west of

the National Forest excluding the Nooksack Indian Reservation and trust lands and the Lummi Indian Reservation but including all fee lands on the reservations within existing service areas as defined by WAC 248-56-200(11) which are under State and County jurisdiction and are not currently receiving water service from the Lummi Indian Nation or the Nooksack Indian Tribe.

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The CWSP and the 2016 Comp Plan Update

Mark Personius, Whatcom County Planning & Development Services

Whatcom County Planning & Development Services Presentation at the Water Utility Coordinating Committee Meeting

November 5, 2014

Public Water System Coordination Act of 1977

Public Water System Coordination Act (RCW 70.116)

Authority for establishing a Coordinated Water System Plan (CWSP).

CWSP must not be inconsistent with the land use plan (RCW 70.116.050).

Growth Management Act (GMA)

The GMA, originally adopted in 1990, required Whatcom County to adopt a comprehensive plan addressing:

Urban Growth AreasAgriculture, Forestry and Mineral Resource LandsRural lands.

The GMA requires a comp plan update and UGA review by June 30, 2016.

The GMA addresses the interface between water supply and land use planning.

GMA Water Provisions

GMA Planning Goal 1

“Encourage development in urban areas where adequate public facilities and services [including water systems] exist or can be provided in an efficient manner” (RCW 36.70A.020(1)).

GMA Water Provisions

GMA Planning Goal 10

“Protect the environment and enhance the state's high quality of life, including air and water quality, and the availability of water” (RCW 36.70A.020(10)).

GMA Water Provisions

GMA Planning Goal 12

“Ensure that those public facilities and services [including water systems] necessary to support development shall be adequate to serve the development at the time the development is available for occupancy and use . . .” (RCW 36.70A.020(12)).

GMA Water Provisions

Land Use Element

“. . . The land use element shall provide for protection of the quality and quantity of groundwater used for public water supplies. . .” (RCW 36.70A.070(1)).

GMA Water Provisions

Rural Element

“The rural element shall include measures that apply to rural development and protect the rural character of the area, as established by the county, by . . . Protecting . . . surface water and groundwater resources ” (RCW 36.70A.070(5)).

Whatcom County Comp Plan

The County adopted its 1st Comp Plan under the GMA in 1997.

The Comp Plan includes a future land use map.

The Comp Plan addresses water planning issues and water service.

County Comp Plan Water Planning

Land Use Chapter

“Channel growth to areas where adequate services can be provided” (Goal 2C).

“. . . Coordinate with rural service providers to ensure efficient and effective service to rural areas” (Policy 2EE-2).

County Comp Plan Water Planning

Capital Facilities Chapter

“. . . assure coordinated and mutually supportive capital facility plans from special districts, cities, and other major non-county facility providers which are consistent with . . . the comprehensive plan (Policy 4H-1).

County Comp Plan Water Planning

Utilities Chapter

“Meeting existing and future water demands throughout the county will require careful planning and a mesh of land use/zoning with supply availability. Some of the planning tools which exist to help accomplish this, include . . . the Coordinated Water System Plan” (p. 5-15).

Washington Supreme Court

“. . . the County must regulate to some extent to assure that land use is not inconsistent with available water resources. . .” (Kittitas County v. Eastern Washington Growth Management Hearings Board, 172 Wn. 2d 144 (2011), italics in original).

Growth Management Hearings Board

“. . . the Supreme Court in Kittitas County held that local governments are required to ascertain that there will be adequate potable water supply before building permits and subdivision applications may be approved. That involved, according to the Court, ensuring the County’s land use plan and regulations were not inconsistent with water availability . . .” (Hirst v. Whatcom County, Growth Mgmt. Hearings Bd., Western Washington Region Case No. 12-2-0013, Final Decision and Order (June 7, 2013), p. 22, underlining in original).

Growth Management Hearings Board

“. . .the County’s Coordinated Water System Plan Update is admitted. The Board finds this exhibit assists the Board in understanding the full scope of the water issues and the information will be necessary or of substantial assistance to the Board in reaching its decision. . . (Hirst v. Whatcom County, Growth Mgmt. Hearings Bd., Western Washington Region Case No. 12-2-0013, Final Decision and Order (June 7, 2013), p. 8.

The Bottom LineThe GMA requires integration of land use and water

planning.

The County Comp Plan encourages coordination of land use and water planning.

The Growth Management Hearings Board ruled the County’s land use plan must not be inconsistent with water availability.

The WUCC provides a forum, and the CWSP provides a vehicle, to ensure coordination.

Questions?

Committee/Meeting Function

Selection of WUCC Chair

General meeting expectations

Agendas and meeting summaries

Subcommittees for 2000 update Design Standard and Fire Flow Service Area Procedure

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Committee/Meeting Function

Proposed by County/RH2 Voting

One vote per WUCC Voting Member A single person can vote for multiple

voting members if so designated Formal votes will be taken by roll call

and documented

Taking Public Comment At least at the end of every meeting

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Proposed Update Process

RH2 will take lead on making revisions to existing CWSP chapters or WUCC may elect to take the lead on any or all chapters.

Chapter by Chapter Review Full WUCC will be provided with a

chapter once it is preliminarily complete

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Proposed Update Process (cont.)

RH2 and WUCC may propose areas needing WUCC clarification as agenda items.

WUCC will discuss and provide guidance to RH2.

RH2 will incorporate outcome of discussion.

RH2 will provide chapters at least 2 weeks before a meeting where there will be a vote.

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Proposed Update Process (cont.)

WUCC will vote on preliminary acceptance of each chapter.

WUCC vote on final complete document before it will be considered approved and before it is forwarded to the County Council.

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Preliminary Votes explained

(RH2 recommendation) When the WUCC votes on language or other

elements of the draft updated plan during the course of the process, those votes are intended to indicate support for that element that will remain through the ultimate approval of the plan UNLESS something determined later in the planning process necessitates a change in the earlier vote. At that time, the person or persons wishing to revise or amend their previous vote shall raise the need to revisit their previous vote and provide their reasoning for doing so along with a recommended course of action.

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CWSP Approval Process

WUCC will develop the draft update

CWSP reviewed by WCPDS for local consistency

Draft will be shared with the WRIA 1 Planning Unit for comment

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CWSP Approval Process(cont.)

WUCC will modify as needed based on comments and vote on the update

WUCC will sponsor at least one public meeting prior to submittal to County Council

WUCC will modify as needed based on comments and forward to County Council recommending adoption

County Council will hold at least one public hearing and consider adoption

If adopted, Council forwards CWSP to WDOH recommending approval

(RCW 70.116.050(8) and 060 and WAC 243-293-290-300). 47

WRIA 1 Planning Unit Coordination

WUCC to request input from the WRIA 1 Planning Unit early in the process. Proposed for December 17 Planning

Unit meeting RH2 will present and take input.

Will provide final draft document for Planning Unit review and comment prior to submittal to County Council.

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Data Sharing

RH2 will host the following documents for review by WUCC:

http://wucc.rh2.com/index.php Meeting Agendas Meeting Summaries and

Presentations Vote Documentation Chapters for Review using Track

Changes Approved Preliminary Chapters

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Future Meeting Proposal

Third Wednesday of each month Evening meetings (6-8 p.m.?) Next meeting in January and

then monthly beyond that.

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Homework - All

Review 2000 CWSP update Consider potential areas where

2000 CWSP update document should be altered.

Consider subcommittee(s). Notify Jim or Gary by Dec. 19 for vote in January.

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Suggestions or Feedback

Public Comment

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Questions? Jim Bucknell Gary Stoyka jbucknell@rh2.com

gstoyka@co.whatcom.wa.us 425-951-5424 360-676-6876 X 50618

Andy Dunn Michele Campbell adunn@rh2.com

mcampbell@rh2.com 425-951-5448 425-951-5394

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Potential Next Steps

Some updates to Glossary of Acronyms and Terms

Some updates to Section 2 – the CWSP Plan Process History in Whatcom County, Chronology, WUCC

Subcommittee(s) Section 3 – WCPDS can start population update

work Section 4 – Water Utility Service Area – get

updated service area maps, start identifying service area gaps, overlaps

Section 5 – start discussion of Minimum Design Standards (subcommittee?)

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Potential Next Steps (cont.)

Section 6 – Start review of Utility Service Review Procedure (subcommittee?)

Section 7 -- Satellite Management and Receivership – update for discussion by WUCC

Section 8 – Regional Resource Issues – Update Lummi settlement language, case law update, new/replacement well language, municipal water law discussion, water use efficiency requirements, updated EDB & 1-2 DCP pipeline discussion, reclaimed water potential?

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