Washington Water Watch 
November 2017

In This Issue
A Win for Icicle Creek
CELP's Winter CLE
CELP Co-Founder Wins Service Award
UCUT Releases "United by Water"
Swinomish Tribal Chair on What the Hirst Decision Got RIght
Welcome to CELP's Newest Staff
Giving Tuesday!
Keep Our Rivers Flowing!
Help ensure clean and flowing waters in Washington State by making a gift to CELP!

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You Can Also Give to CELP Through Planned Gifts!
You can make a donation to the Center for Environmental Law and Policy (CELP) through your will or living trust.

You can also name Center for Environmental Law and Policy (CELP) as the beneficiary of your IRA, SEP-IRA, 401(k), 403(b) or other retirement plan assets, which can have significant estate tax advantages. 

Upcoming Events
December 14, 7:45 am to 4:30 pm
7th Annual Winter CLE
2100 24th Avenue S
Seattle, WA 98144

P anels will address climate change predictions for our states water supply and mechanisms for adaptation, the effects of climate change on Washington's rural water supply situation, and local and global effects of large fossil fuel projects and strategies for opposing them.  Learn more & register here.
End of 2017 Is Fast Approaching, but CELP's Work Continues!

Dear Members of CELP,
Winter almost is here, and with it, some early snow. But last year taught us that even if we get early snow, warming temperatures may still lead to low river flows the next summer. Water is a limited resource, and climate change impacts are resulting in low flows in critical fish basins. Washington needs to look at new tools to manage our water to better prepare for this.
One of the best water management tools for protecting stream flows is to set minimum flow levels in regulation, but m any rivers and streams around the state still lack this protection. That is why CELP's work continues. We are working to get the Department of Ecology to resume instream flow rulemaking in unprotected watersheds and to remind them that statue requires them to ensure that adequate water is available to protect and preserve migrating fish, wildlife, recreation, aesthetics, water quality, and navigation.
Since the Supreme Court decision on Hirst last year, CELP has worked alongside Washington Tribes, Ecology and other senior water rights holders to find a balanced solution for the impacts while protecting fish and other senior water rights. This work will continue because of support from loyal donors like you -- thank you!
In this issue, we cover our recent victory in court on the Leavenworth Hatchery Clean Water Act Case; CELP's founding director, Rachael Osborn, being recognized by AWRA-WA with their award for Outstanding Contribution to Water Resources; a welcome to CELP's newest staff member, Emma Kilkelly; information about our December CLE, and more.
CELP continues to work tirelessly to protect Washington's freshwater resources and ensure wise and sustainable water management for future generations, but we can't do it alone. As we head into the holiday season, please consider donating a year-end gift to CELP. You can make your tax-deductible gift on our secure website.
Trish Rolfe
Executive Director

P.S. Giving Tuesday--a global day of giving--is on Tuesday November 28th. After you finish eating your Thanksgiving dinners and shopping for the holidays, consider a gift to CELP, and  help protect Washington's rivers and streams!

A Win for Icicle Creek
Leavenworth National Fish Hatchery Must Begin Monitoring & Reporting Its Pollution Discharges

by Dan Von Seggern

Leavenworth National Fish Hatchery. Photo by John Osborn.
With the signing of an agreement between CELP and the US Fish & Wildlife Service (FWS), CELP's Clean Water Act lawsuit against FWS for unpermitted discharge of pollutants by the Leavenworth National Fish Hatchery has concluded. FWS has agreed to payment of CELP's attorneys' fees and to dismiss their appeal of the case, so that the court's decision is now final. Understanding what the Hatchery is discharging is an important step in reducing pollution and restoring a healthy Icicle Creek.

The Hatchery's operations result in large discharges of phosphorus into Icicle Creek. Excess phosphorus acts as a nutrient and stimulates growth of algae and other aquatic organisms. This in turn leads to reductions in dissolved oxygen, which is harmful to fish and other inhabitants of the creek. Discharges that result in increased water temperature also degrade fish habitat. Discharge of pollutants into waters of the United States without a National Pollution Discharge Elimination System (NPDES) permit is unlawful under the Clean Water Act, and the Hatchery had not had a valid permit since 1979. The Hatchery has applied to EPA for a permit (which would impose limits on pollutant discharges and require monitoring of the discharges), but no final permit has yet been issued. 
On May 3, 2017, Federal judge Salvador Mendoza issued a permanent injunction in the case. Under the court's order, if a NPDES permit is not in effect by January 1, 2018, the Hatchery must begin monitoring its discharges to Icicle Creek for phosphorus and water temperature, and make this information publicly available. Judge Mendoza also ordered the Hatchery to begin compliance with the discharge limits proposed by EPA if a permit is not in place by 2019.

Join CELP for Our 7th Annual Winter CLE!
Scarce water and climate change: Are we adequately protecting Washington's resources?

Join us on Thursday, December 14th, for CELP's annual full-day winter Continuing Legal Education workshop. The event will take place at the 2100 Building in Seattle; registration opens at 7:45 am, and the program runs from 8 am to 4:30 pm.

Panels will address climate change predictions for our state's water supply and mechanisms for adaptation, the effects of climate change on Washington's rural water supply situation, and local and global effects of large fossil fuels and projects and strategies for opposing them.

CELP has applied for 6.5 CLE credits including 1 ethics credit with the Washington State Bar Association for this program.

Ticket Prices (lunch included):

- Nonprofit/student - $70

- Attorney/Professional/Agency - $170*

* 10% discount available for CELP members. For more information about how to become a member, click here.

Stay tuned for a full agenda and our speakers.

CELP Co-Founder & Former ED Receives American Water Resources Association Award

Photo by John Osborn
Congratulations to Rachael Paschal Osborn for receiving the 2017 award for Outstanding Contribution to Washington's Water Resources from the Washington Section of the American Water Resources Association!

As a public interest water lawyer, Rachael has provided representation to Indian tribes, environmental organizations, labor unions and small communities since 1992. Rachael co-founded CELP and served as its Executive Director for many years. She also co-founded the Washington Water Trust (WWT),  which uses voluntary, market-based transactions to improve and protect stream flows and water quality throughout the state.

Rachael's work has affected countless individuals, between teaching scores of water law and policy courses, writing extensively on water resources and environmental issues and advocating for the public interest over the years.

We thank Rachael for her service to CELP over the years and her lifelong dedication to protecting Washington's water resources!

UCUT Pushes for Salmon Run Restoration and Modernized Columbia River Treaty
The Upper Columbia United Tribes (UCUT) recently released "United by Water," a documentary calling viewers' attention to their mission to restore salmon and preserve healthy ecosystems for future generations.

UCUT  Executive Director D.R. Michel also told The Fig Tree  that the tribes hope to see the new U.S.-Canada Columbia River Treaty include sustainable resource management, especially regarding salmon passage and managing dams to increase water flows.

Read more about UCUT's documentary and work for a modernized CRT here.

Swinomish Tribal Chair Brian Cladoosby Discusses What the Hirst Decision Got Right

Brian Cladoosby
Brian Cladoosby
Swinomish Tribal Community Chair Brian Cladoosby appeared on "Inside Olympia" with Austin Jenkins last week for TVW's series on "Water in Washington." Cladoosby discussed the 1855 Point Elliott Treaty, the importance of the Skagit River, and what the Hirst decision got right.

To watch the whole interview, click here. For more on CELP's work on the Hirst decision, read on here and here.

Welcome Emma Kilkelly to CELP!

Emma joined CELP as our new Administrative & Development Assistant in late October. Emma graduated from Whitman College in 2015 with a B.A. in Environmental Humanities. She has previously worked in communications, marketing and development at environmental and education nonprofits in New York and Seattle.

Emma grew up on the coast of New Jersey and spent most of her summers swimming and kayaking in the lakes of New Hampshire. When she's not reading or thinking about environmental policy and issues, she enjoys Irish dancing, taking photos on an old Pentax and traveling throughout the Pacific Northwest.

Giving Tuesday Is On November 28

Giving Tuesday is a global giving movement that kicks off the charitable season on the Tuesday following Thanksgiving.

2017 has been a busy one for CELP, and we could not have done it without the support of our members and donors.  Make your tax-deductible gift on 11/28 to CELP to help protect, preserve and restore Washington's waters!

Thanks for taking the time to read Washington Water Watch!  Thanks to your help, CELP has accomplished much but, as you can see, more needs 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 

The Center for Environmental Law & Policy is a statewide organization whose mission is to protect, preserve and restore Washington's waters through education, policy reform, agency advocacy, and public interest litigation.

If you care about a future with water, please become a CELP member today!
You can reach us at ( 206) 829-8299 or  email us .