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Transcript of November 5, 2014 Whatcom County Coordinated Water System Plan Update Water Utility Coordinating...
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”.
3
Coordinated Water System PlanSupplementary Provisions
Supplementary Provisions include:
Assessment of related, adopted plans
Identification of future service areas and service area agreements
4
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)
6
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
7
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.
8
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
9
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
11
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
13
Ecology Staff
WUCC – Non-voting Member WRIA 1 Watermaster
Kasey Cykler
14
Purveyors
WUCC – Voting Members Systems Serve More Than 50
Connections
WUCC – Non-voting Member Systems Serve 50 Connections or
Less
15
Tribal Representatives
WUCC – Non-voting Members Lummi Nation
Nooksack Indian Tribe
16
General Public
17
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
18
Background
Previous Coordinated Water System Plans (CWSP) 1993 2000
County Council Resolution 2014-045
2016 County Comprehensive Plan Update
19
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.
20
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
40
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
41
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
42
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.
43
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.
44
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.
45
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
46
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.
48
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
49
Future Meeting Proposal
Third Wednesday of each month Evening meetings (6-8 p.m.?) Next meeting in January and
then monthly beyond that.
50
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.
51
Suggestions or Feedback
Public Comment
52
Questions? Jim Bucknell Gary Stoyka [email protected]
[email protected] 425-951-5424 360-676-6876 X 50618
Andy Dunn Michele Campbell [email protected]
[email protected] 425-951-5448 425-951-5394
53
54
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?)
55
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?
56