Letter from the Executive Director |
Greetings!
We are wishing you very happy holidays and hope you are doing well!
This year, as we all continued to be impacted by the COVID pandemic, CELP went through some big changes and accomplished exciting victories. We welcomed two new staff members, Maggie Franquemont as Staff Attorney, and Hillary Jasper Rose as Water Policy & Outreach Coordinator. We have adopted a hybrid working style as we build our team and the world continues to largely run over Zoom.
With the help of an incredible support system we achieved great things in 2021. CELP successfully encouraged the Department of Ecology to select the Nooksack River Basin (WRIA 1) as well as the Roosevelt Lake and middle tributaries (WRIA 58) as the next Washington basins to be adjudicated in coordination with the Nooksack Indian Tribe and Lummi Nation. We hosted our 3rd annual Clean & Abundant Water Lobby day as a virtual week long event helping pass bills for funding river basin adjudication, reducing plastic pollution, preventing seabed mining, and water re-use. CELP helped get a Watershed plan for WRIA 9 approved that would replace water used by new permit exempt well in the Green River watershed. We protected the Skagit River by submitting comments to Ecology in support of their denial of the proposed Golden Eagle water permit. We reached a settlement with the EPA on the Spokane River PCB levels. CELP also submitted comments to Ecology urging reform of Water Banking and the Trust Water Rights programs to curb water rights speculation.
We have accomplished a lot to protect our rivers. As we wrap up the year and look forward to our work in 2022, CELP has big goals. We plan to not only continue our work protecting waters in Washington but take a more proactive role in restoring our waters and fighting for more sustainable and equitable water policies and management.
You can help protect our waters by making an end of year gift to CELP. We are incredibly thankful to have met our $10,000 goal and match! Now our loyal supporter is increasing their donation to match donations dollar for dollar up to $15,000. Help us reach our new goal and be ready to tackle the legislative session and year ahead. You can also help further our mission by sharing our work with your friends and family.
You make our work protecting, preserving, and restoring waters in Washington possible! We are incredibly thankful for our supporters, members, partners, Board of Directors, volunteers, sponsors, staff, and community. Thank you for your dedication to protecting our water resources.
In this issue you will find an update on the Spokane River PCB case with a call to action, our comments on an Airway Heights water right application, information on the Salmon Recovery Plan, our thoughts on Puget Sound Partnership's State of the Sound report, an article on water speculation, water and fish news, a recap on our Celebrate Water event, an announcement that we postponed our CLE workshop series with new dates TBA, and information on ways to support CELP.
Sincerely,
Trish Rolfe
Executive Director
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Spokane River PCBs
Airway Heights Water Right
Salmon Recovery Plan
State of the Sound Report
Water Speculation
Water & Fish News
Celebrate Water Recap
CLE Workshops Postponed
Help us get $15K Matched
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Help ensure clean and flowing waters in Washington State by making a gift to CELP! |
NEW WATER STORY!
Anne Shaffer, Executive Director and Lead Scientist of Coastal Watershed Institute
"Wild lands, including rivers creeks and shorelines of the Pacific Northwest were a continued place of refuge and healing that led to my lifelong dedication to understand and conserve them."
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Check out Water Stories. These heartfelt, personal celebrations of water together, highlight the vital importance of healthy amounts of clean, flowing water in our communities.
"Water and the flow of a river slow the world down for me, allowing me to focus on what’s a hand and quiet the world around me."- Josh Mills
Check out our new form to submit your water story! |
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Spokane River PCB Win & Call to Action |
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Spokane River wins long-overdue PCB pollution cleanup plan in EPA settlement
30-day public comment period opens: please write in support
On December 1 in the Federal Register, the U.S. Environmental Protection Agency (EPA) published its settlement with Sierra Club, Center for Environmental Law and Policy, and plaintiff-intervenor, the Spokane Tribe of Indians, committing the agency to prepare a cleanup plan for cancer-causing PCBs that severely pollute the Spokane River. For the River and life that depends on it, this settlement caps 25 years of advocacy, including 10 years of litigation filed by Sierra Club, the Center for Environmental Law & Policy, and intervenor Spokane Tribe of Indians. Our lawsuit sought to enforce the Clean Water Act mandate for an EPA cleanup plan, necessary because of decades of inaction by the State of Washington.
PCBs are a dangerous chemical that harms aquatic and human life, causing cancer and other diseases. Tiny amounts of the toxin concentrate as it moves up the food chain. The Washington Department of Health’s public health advisory, issued many years ago and still in effect, warns against consumption of PCB-contaminated fish in the Spokane River.
Under the settlement, called a “Consent Decree,” EPA will complete a Total Maximum Daily Load (TMDL) by September 2024. A TMDL is a science-based pollution cleanup plan. This one will be designed to ensure that the Spokane River meets protective water quality standards issued by Washington state and the Spokane Tribe.
PCB manufacture is banned in the U.S. Most PCBs entering the Spokane River pre-date the ban, with one major exception: Inland Empire Paper Co. (IEP) recycles paper printed with imported inks that contain PCBs.
The TMDL will require significant reductions in PCB pollution discharged to the Spokane River by the five industrial and municipal treatment plants located in Washington. In addition to IEP, Kaiser Aluminum and the Liberty Lake, Spokane County, and City of Spokane wastewater treatment plants each discharge PCBs to the river. All five discharge pipes are permitted by the Washington Department of Ecology, but these permits contain no limits on PCBs flowing into the Spokane River. The TMDL will change that.
The PCB cleanup plan is especially significant because of heavy use of the Spokane River by the public for recreation and the consumption of fish.
The settlement includes a 30-day public comment period. We will then present the settlement to the federal court for approval. Sierra Club and CELP are represented by Marc Zemel and Richard Smith of Smith & Lowney PLLC, a Seattle law firm specializing in Clean Water Act litigation. The Spokane Tribe of Indians is represented by Ted Knight.
Take Action and help a distressed river! Deadline is January 3, 2022.
Click here to write your comment:
Consider making the following points:
- Most importantly, thank EPA and express your support for preparation of the PCB cleanup plan. Public uses require a clean river.
- Insist that the cleanup plan be based on sound science.
- Ask EPA to use state-of-the-art testing technology to measure PCBs.
- As a matter of human health and environmental justice, ask EPA to ensure that the cleanup plan complies with applicable water quality standards.
Contact the Spokane River Team for further questions:
John Osborn john@waterplanet.ws
Kathy Dixon kathleengdixon@gmail.com
John Allison jdallison@eahjlaw.com
Tom Soeldner waltsoe@allmail.net
Rachael Osborn. rdpaschal@earthlink.net
CELP's Staff Attorney Maggie Franquemont mfranquemont@celp.org
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Airway Heights Water Right Application |
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Airway Heights seeks new well on Spokane aquifer
The city of Airway Heights wants to dig a new well over Spokane's aquifer in an effort to provide citizens with clean drinking water following contamination discovered in 2017, but Spokane River advocates and the city are urging a more thorough...
Read more
spokesmanreview-wa-app.news...
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CELP submitted comments on the City of Airway Heights’ Optional DNS regarding the SEPA Application submitted regarding its application for a new water right out of the Spokane Valley/Rathdrum Prairie Aquifer.
CELP disagrees that a DNS should be granted without a full EIS to examine the effects of the new water right on the outflow of the Spokane Valley/Rathdrum Prairie Aquifer to the Spokane River during the gap between when pumping begins in the Spokane Valley/Rathdrum Prairie Aquifer and when the water from the Airway Heights Paleochannel Aquifer recharges the Spokane Valley/Rathdrum Prairie Aquifer.
Read our full letter to Airway Heights Planning Department here. |
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On December 14th, Governor Inslee announced his plan for salmon recovery.
CELP believes the Salmon Recovery Plan is a good start to protect and restore salmon and our water resources. We will keep an eye on how it progresses through the legislature in 2022.
“We are running out of time,” Willy Frank III, chairman of the Nisqually Tribal Council, said at Tuesday’s event. “I think we are past the point of emergency now when it comes to salmon habitat and clean water.”
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Gov. Inslee announces $187M plan for WA salmon recovery
BELLINGHAM, Wash. (AP) - Washington Gov. Jay Inslee has proposed investing $187 million in salmon recovery as part of his 2022 budget and policy proposals. Inslee announced his salmon proposals Tuesday at the Swinomish Indian Tribal Community...
Read more
www.seattletimes.com
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State of the Sound Report |
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Puget Sound Partnership released their 2021 State of the Sound report. While there is hope that working together has made a difference, more needs to be done to protect our resources. Water is life and our waters are in trouble. Protecting and improving streamflows is critical for salmon, wildlife, and our communities. |
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stateofthesound.wa.gov
Puget Sound needs us to redouble our efforts to protect and restore habitat, clean up the water, cool our rivers and streams, and ensure there is local food to harvest.
Read more
stateofthesound.wa.gov
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Sound planning and reporting have become critical to ensuring that we can prevent flora and fauna die off and safeguard our access to drinking water.
To address this concern, the Washington State Legislature established six Puget Sound recovery goals in 2007 that will help scientists monitor the health of ecosystems. The Abundant Water recovery goal measures the low flow of several rivers, noting the percentage of change from year to year. In a recent correspondence with the Puget Sound Partnership (PSP), we asked about quantitative goals and clear metrics. The response was that they “don’t yet have a value [they] can assign to a ‘healthy’ state”. So, the work depends on measuring deviations from the baseline. Measurements did not begin until 1975, leaving the state with an uncertain estimate of the target flow from which to compare succeeding years. Still, each year, the low flows of unregulated and regulated rivers are measured in cubic feet per second (cfs) and this data is added to the graph to show an increased, decreased, or sustained flow.
This work, performed by Puget Sound Ecosystem Monitoring Program, revealed disheartening trends. Five of the seven unregulated rivers showed declines in summer flows. The most pronounced of these declines can be seen in the Stillaguamish, Issaquah, and Deschutes, which have been labeled as “strongly decreasing”. The low flows are posing additional stresses to the aquatic species that spawn and rear in the river, including chinook and coho salmon, cutthroat trout, and steelhead. The Stillaguamish, which contains 870 miles of anadromous salmon habitat, is experiencing the greatest impact to instream flows. This impairment is continuing despite regulatory action and an allocation of $300 million to protect and restore streamflows and fish habitats for 11 basins in Puget Sound (RCW 90 §94, 2018).
In response to the report, the PSP identified priorities and actions for each of the goals in their Action Agenda. The freshwater priorities include restoration of low flows in the Deschutes River, Stillaguamish River, and Issaquah Creek “from a strongly decreasing trend to a weakly decreasing trend”. The related chinook priorities include the development of a standardized approach to managing the interrelated regulations, processes, and priorities; the application of a “science-based” approach in all restoration plans; and the enforcement of compliance for existing regulations. If implemented, these priorities should ensure that the approach focuses on the element that the salmon rely on the most: the water.
PSEMP Freshwater Work Group . (2021). (rep.). Puget Sound Vital Signs. Puget Sound Partnership. Retrieved from https://vitalsigns.pugetsoundinfo.wa.gov/.
Thurston Regional Planning Council, Levitt, M., Waters, C., Tabbutt, V., Osterberg, A., Ambrogi, M., Burnham, M., Davis, S., Saunders Benson, H., & Schaffner, L., Deschutes Watershed Land Use Analysis: Current Conditions Report (2015). Thurston Regional Planning Council. Retrieved from https://www.co.thurston.wa.us/planning/watershed/docs/deschutes-project-materials/deschutes-current-conditions-report.pdf.
Water Quality Program, & Lawrence, S., 2Stillaguamish River watershed temperature total maximum daily load: Water Quality Improvement Report (2006). Olympia, WA; Washington State Dept. of Ecology. Retrieved from https://apps.ecology.wa.gov/publications/documents/0610057.pdf#:~:text=The%20Stillaguamish%20River%20basin%20in%20Snohomish%20and%20Skagit,excessive%20warming%20during%20late%20summer%2C%20low-%20flow%20conditions.
Puget Sound Partnership, The 2018-2022 Action Agenda for Puget Sound (n.d.). Retrieved from file:///C:/Users/HILLAR~1/AppData/Local/Temp/2018_Action%20Agenda_Combined_Final.pdf.
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Corporate consolidation of land, and water rights, could have wide reaching impacts on Washington's waters. We need sound, sustainable, equitable, and proactive water management and policies to protect our water resources for us all.
“I think we are ripe for the picking in terms of speculation and people coming in and trying to get their hands on these water rights,” says Rachael Osborn.
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As West withers corporations consolidate land and water...
With farms, ranches and rural communities facing historic drought, a worrying trend leads to a critical question: Who owns the water? Story by Eli Francovich. Photo illustrations by Nicole Wilkinson. December 6, 2021. Ghost cattle-200,000 made-up ...
Read more
columbiainsight.org
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Water Infrastructure
- Lower Similkameen Indian Band , Chief Keith Crow: Remove Enloe Dam: It's not that complicated. Read more
- Tribe warns I-5 causeway over Nisqually hurts salmon, orcas. Read more
- In western Washington’s Elwha River, the removal of two dams led to a resurgence of fish runs; could a similar scenario play out on the Snake River? Read more
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Winter Water Patterns
- Study says Cascades could have no snowpack in 50 years. Read more
- Cold Water refuges could mitigate some impacts from climate change. Read more
- In the wake of floods, what’s next for salmon? Read more
- Weather conditions bringing worse floods to Whatcom will prompt ‘painful’ conversations. Read more
- Northwest glaciers are melting. What that means to Indigenous ‘salmon people’. Read more
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COP26
- Leaders link tackling water and climate at COP26 as crisis looms. Read more
- As climate talks put focus on water crisis, the Colorado River provides a stark example. Read more
- Washington’s Fawn Sharp becomes first Tribal leader to receive diplomatic credentials. Read more
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Climate Change Inequity
- Growing Number of Indigenous People in US Are Becoming Climate Migrants. Read more
- Climate change forces Native American tribes to relocate. Read more
- Forced Relocation Left Native Americans More Exposed to Climate Threats, Data Show. Read more
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This year at Celebrate Water we had the pleasure of presenting the Ralph W. Johnson Water Hero Award to Sharon Haensly and Kimberly Ordon in honor of their careers fighting for our waters and protecting natural resources and tribal interests. They have both accomplished many victories for water and tribal rights. Their work embodies the vision of CELP's founder Ralph and the connection between Water Law and Indian Law. It was CELP's honor to award Sharon and Kimberly as water heroes. We are thankful for their work and continued dedication to protecting our waters.
We gathered with our community at Ivar's Salmon House on December 9th and streamed the event to our Facebook page. Sharon attended virtually from across the country. We are thankful for technology in these challenging times. Thank you to everyone who joined us at Celebrate Water. It was rejuvenating to see you all. We hope next year will be safe to have a larger celebration with more of our community in person.
We are giving a huge THANK YOU to our Celebrate Water sponsors, attendees, and supporters. We raised over $16,000 to continue our work protecting waters in Washington! Thank you!
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CLE Workshop New dates TBA |
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Unfortunately, we had to postpone our CLE Workshop Series. We apologize for any inconvenience.
The original "Municipal Water Law: Where are we now?" three part series was being hosted December 14th and 15th. Due to unforeseen circumstances, we are postponing the workshop until next year.
We will keep everyone updated.
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$10,000 match increased to $15,000! |
Thank you! We met our $10,000 goal and match! Now our loyal supporter is increasing their donation to match donations dollar for dollar up to $15,000 through December 31st.
With the support of our members, we have accomplished many victories for our waters. Now as we wrap up the year and get ready for the next, we ask for your support.
Help us reach our new goal and start 2022 ready to tackle the legislative session and fight for sustainable and equitable water policies. You can protect our waters.
Patagonia Action Works is covering processing fees. Make a donation to CELP here. |
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We can now accept stock donations.
Our members and supporters make our work protecting Washington's waters possible. Thank you!
There are many ways to support CELP's work. You can make a donation, share our emails and social media posts with your network, tell us why you support CELP's mission, sponsor an event, and/or participate in CELP's events and advocacy work. You can also make a contribution to CELP through Planned Gifts including bequests and retirement plans.
Read more about CELP membership and supporting our waters here. |
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85 S Washington St #301,
Seattle, WA 98104
(206) 829-8299
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Thanks for taking the time to read Washington Water Watch! With your help, CELP has accomplished many victories, yet more work remains to be done. You can support our work by making a donation online here, or mailing a check to: 85 S. Washington St #301 Seattle, WA 98104.
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