Status of each task summarized in blue font

Transcription

1 Working Draft Adopted by Consensus April 23, 2014 Amended October 22, 2014 Corrected and Re-issued December Affirmed at Special Meeting January Final Approval by Consensus Regular Meeting January Status of each task summarized in blue font 1

2 Table of Contents Summary of Objectives and Cost Estimates Objective 1: Planning Unit Process and Procedural Agreement Objective 2: Address Instream Flow Objective 3: Review 2005 WRIA 1 Watershed Management Plan Phase 1 Objective 4: Review Technical Assessment Objective 5: Provide Input on WRIA 1 Watershed Issues Objective 6: Governance, Funding, Administration Summary of Objectives and Cost Estimates Objective Years 1-2 Years 3-5 Total for 5-years Strategy 1. Amend Process and Procedural TBD TBD Agreement 2. Address Instream Flow TBD TBD 3. Update the WRIA 1 WMP TBD TBD 4. Review Technical Assessment TBD TBD 5. Provide Ongoing Input on WRIA 1 Watershed Issues $ TBD TBD 6. Governance, Funding, TBD To Be Determined Administration [Return to Table of Contents] Objectives, Tasks, and Budget Estimates (Years 1-2) Objective 1: Review and Consider Amendments to Process and Procedural Agreement (PPA) Objective 1 Work Product: Planning Unit will either affirm PPA as is, or issue amended PPA. Task 1.1: Review the state Open Public Meeting Act (OPMA) The Planning Unit is subject to the OPMA, which requires that all meetings of the subject entity be open and accessible to the public. The OPMA also contains specific provisions including, but not limited to, regular and special meetings, notice requirements, conduct of meetings and penalties, and remedies for violations. The Planning Unit has requested guidance from the Whatcom County Prosecuting Attorney to assist with drafting the PPA in compliance with OPMA requirements. A 2

3 response is pending. Upon its receipt, Planning Unit will deliberate changes to the PPA that might be required to bring its operations into compliance with OPMA. Implementation Status: Task complete. PPA approved in [insert date] addressed OPMA requirements. In addition, PU members attended training session on OPMA just before its [insert date] regular meeting. Task 1.2: Consider Explicit Enabling of Committees within PPA The Planning Unit has had committees, which allowed for more work to be completed than in regular or special Planning Unit meetings. Committees can be useful in detailed analysis and study and more in-depth discussion. No decisions should be made by committees. How committees would function under the OPMA would be clarified as part of Task 1.1. Implementation Status: Task complete. Committees enabled by motion at [insert date] regular PU meeting, and implemented, committee by committee, thereafter Task 1.3: Review Governance and Decision Making Protocol At present, consensus decision-making is applied to all issues that come before the Planning Unit. The Watershed Planning Act only requires consensus decisionmaking in the limited circumstances of final plan approval and recommending amended instream flows to Ecology. It may be more efficient to use parliamentary procedures, except where consensus is legally mandated. Implementation Status: New PPA approved at [insert date] regular PU meeting. Committees enabled by motion at [insert date] regular PU meeting, and implemented Future work: Timeline: ongoing, as needed. Budget: no additional funds requested beyond standard Planning Unit facilitation and support. [Moved to Objective 6] Task 1.4: Review Planning Unit Membership It has been over fourteen years since the Planning Unit was formed in Altered conditions may warrant consideration of changes to Planning Unit membership. The PPA does not currently include any procedures for addressing such changes. This element of the work plan requires consultation with the Prosecuting Attorney. 90 3

4 91 92 Objective 2: Water Needs Review WRIA 1 Instream Flow Rule and Out of Stream (OOS) [Return to Table of Contents] Goal: Objective 2 is intended to gather the necessary information required to bring the WRIA 1 Planning Unit to a point of decision whether to expend additional resources in the task of studying and recommending amendments to the existing rule (WAC ). Budget: $40,000 requested as a placeholder to be allocated to the tasks in this Objective, as needed. Task 2.1: Review WRIA 1 existing stream and closure rule (WAC ) Timeline: complete by March Budget: TBD Work product(s): A written report of findings, conclusions, and recommendations. Implementation Status: Task currently underway. See report of ISF Committee dated [insert date] Task 2.2: Review methodology used to set flows: Instream Flow Incremental Methodology (IFIM) studies, including controversies arising from that work. Timeline: complete by March Budget: TBD 111 Work product(s) 1) Report on findings, conclusions, and recommendations Status: DOE presentation on WRIA 1 ISF rule to PU expected on or before end of December Major public workshop on ISF scheduled for some time in February Budget may be substantially reduced with APA support provided via Jennifer Aylor of Eldred Associates, president of the Northwest Chapter of APA Implementation Status: Task currently underway. See report of ISF Committee dated [insert date] 121 4

5 Task 2.3: Review May 2002 Instream Flow Selection Methodology Symposium Link to aforementioned provided herein below: : Timeline: none set; presumably should be completed prior to decision regarding embarking on attempt to recommend flow rule amendment. Budget: no additional funds requested Work Product: Written Summary of key technical, legal and policy issues to guide further work Implementation Status: no formal action taken by PU as of Task 2.4: Review 2005 Instream Flow Selection and Adoption Action Plan This task might be the final action taken prior to reaching a decision whether to proceed with the effort to work on recommendation of flow rule modification. Timeline: TBD Budget: TBD Work Product: 1) Report on findings, conclusions, and recommendations Written Summary of key technical, legal, and policy issues to guide further work Implementation Status: task underway, partially in response to council resolution See report of ISF Committee dated [insert date] Task 2.5: Review previous WRIA 1 modeling work including instream flows and OOS supply and demand. Review the 2012 Lower Nooksack Sub-basin Water Budget and the proposed approach of the currently proposed ground water modeling effort, as described in the 2013 Groundwater Data Assessment document (possible peer review). Link to the aforementioned provided herein below: ( 0Data%20Assessment_2013.pdf). 5

6 Timeline: to be completed prior to decision whether to work on recommending flow rule amendment Budget: TBD Work product(s): 1) Report on findings, conclusions, and recommendations Provide written recommendation on specific model domain (may include credible peer review); and a 2) Letter documenting the Planning Unit recommendations, thus providing the desired public opinion on decisions. Implementation Status: no formal action taken by PU as of Task 2.6 Review Current and Future Planned Data Collection and Modeling Work, with a special focus on integrating instream and OOS supply and needs. Timeline: ongoing, as needed Budget: TBD. Implementation Status: no formal action taken by PU as of Objective 3: Review and Consider Update or Amendments to the 2005 Watershed Management Plan Phase 1 (WMP)_ [Return to Table of Contents] Task 3.1: Review the March 2005 Watershed Management Plan together with the July 2007 Detailed Implementation Plan Determine Implementation Status of Each Element of the 2005 WMP Timeline: complete by June 2015 Budget: no funds requested beyond standard Planning Unit facilitation and support Work product(s): 1) Written review of the 2005 WMP, 2007 DIP, and supporting and succeeding documents and plans, including implementation status of each Plan element. Implementation Status: no formal action taken by PU as of

7 Task 3.2: Review the 2010 Lower Nooksack Strategy (2010 LNS). Planning Unit approved Water Action Plan (WAP) memo to council in which Items 1 through 5 recommended support of key substantive elements of the 2010 LNS, and added an additional related Item 6 regarding Adaptive Management. Planning Unit has deferred consideration of the governance actions policy issues raised by the manner in which the LNS was promulgated. Task Investigate current implementation status of each Objective and Task of the 2010 LNS. Status: Presentation have been made by Lummi Nation staff and reiterated by County staff that addresses this task. What remains is for Planning Unit to determine of the Task is complete. In examination of Objective 3 of the LNS, which included updating the Coordinated Water System Plan and a water supply plan, Council Resolution Item 9 reads as follows: Coordination, including identification of and provision for specific linkages, with other water resource management efforts, including but not necessarily limited to the WRIA 1 Watershed Management Project, in order to assure efficient use of time and funding, to avoid overlap and duplication of effort and consistency of use of parameters such as per capita water use rates. The Planning Unit supports this item and incorporates it into Task 3.2 of this Work Plan. NOTE: A post-meeting revision to scope of the item has been suggested: Coordination, including identification of and provision for specific linkages, with other water resource management efforts, including but not necessarily limited to the WRIA 1 Watershed Management Project, land use planning including but not necessarily limited to the GMA Comp Plan update, OOS water users supply planning, and salmon recovery, in order to assure efficient use of time and funding, to avoid overlap and duplication of effort and consistency of use of parameters such as per capita water use rates. Timeline: complete by June 2015 Budget: TBD: Amended Task likely to require additional staff time from Public Works, Planning, and Health. No direct expenditures requested by Planning Unit at this time. 215 Work product(s): 1) Report on findings, conclusions, and recommendations Implementation status: Planning Unit approved Water Action Plan (WAP) memo to council in which Items 1 through 5 recommended support of key substantive elements of the 2010 LNS, and added an additional related Item 6 regarding Adaptive Management. In response to council resolution , Planning Unit has made this task a priority

8 Task 3.3: Review other WRIA 1 policies, plans, programs, and projects undertaken since June Timeline: complete by end of 2015 Budget: no additional funds requested Work product(s): 1) Report on findings, conclusions, and recommendations Implementation status: Planning Unit, in response to council resolution , has initiated an investigation of the WRIA-wide programs set forth in the 2005 WMP. Task 3.4 Review Salmon Recovery efforts and results to date. The proposed Whatcom County Council Water Action Plan, Appendix A, calls for the WRIA 1 Planning Unit to provide input on habitat issues. Timeline: complete by end of 2015 Budget: no additional funds requested at this time Work product(s): 1) 1) Report on findings, conclusions, and recommendations; 2) Matrix of related programs exploring such matters as dependence of habitat upon instream flow levels and identification of potential or actual linkages and potential synergies between salmon recovery and watershed planning; 3) Exploration of the potential benefits of a Habitat Conservation Plan centered on Agriculture. Agriculture Implementation Status: no formal action taken by PU as of Task 3.5: Issue report on findings, conclusions, and recommendations for consideration regarding WMP amendments or updates. Rationale: This Task was pulled from the Work Products section of Task 3.1, since it is unreasonable for the Planning Unit to take action on a Plan amendment until relevant tasks in Objectives 2, 3, 4 and even 5 and 6, upon which Plan amendments would presumably be dependent, be completed. Timeline: To be completed by end of 2015 Budget: no additional funds requested at this time; supplemental requests may be forthcoming, including possibly consultant contracts, depending upon outcome of related tasks. Implementation Status: no formal action taken by PU as of

9 [Return to Table of Contents] Objective 4: Review Status of WRIA 1 Technical Assessment Programs Justification: The Planning Unit should have easy access to a comprehensive set of technical data, current activities, and results of work conducted in WRIA 1. The Planning Unit should also be familiar with the standards by which scientific data is developed in order to have a solid understanding by which to review technical studies. The Planning Unit can and should participate in oversight of current and future technical assessment programs and projects. Task 4.1. Review scope, availability, and access to existing reports and data repositories for all elements of the WRIA 1 Watershed Management Project. Status: PU included this task as Item 8 of its memo to council on WAP. Since then, county staff informed PU that the hardcopy library had been electronically cataloged already, and that what remained was to review all of that material to determine if more of it should be posted on the WRIA 1 website. The PU generally accepted that explanation, but wants to follow through to ensure task is completed. Timeline: completed by end of 2014 Budget: revised downward to $5,000, plus $10,000 contingency in case more materials have to be scanned, rendered and posted on website. Work Products: 1) Report on findings, conclusions, and recommendations Implementation Status: no additional formal action taken by PU as of PU has received no word on status of the library since, so no follow through has taken place. Task 4.2: Evaluate the need to develop and host a large on-line data repository The Planning Unit should consider whether the scope and quantity of data and reports warrants development and hosting of a centralized data repository where any and all WRIA 1 data is deposited, and any WRIA 1 activity can be posted. This site should be easily accessible by all. Consider a substitute for some elements of DSS, such as Data Viewer. Status: Planning Unit included this task as Item 9 of its memo to council on WAP. Timelines: Scope project and complete coding: First quarter, First rollout loaded with all available data compiled: First quarter 9

10 Budget: $30,000. Proponent of this task explained that county s acquisition methods and requirements might cause this task to cost more than comparative activities in the private sector, where whence the budget estimate was derived. It is thus more appropriate for the county to look at the functions involved in the task and make its own estimate of the costs of each function. County Admin response: more clarification on this item is needed. Work Products: 1) Report on findings, conclusions, and recommendations Implementation Status: PU made this task one of its top three priorities at its [insert date] regular meeting, but no other PU action has been taken since. Task 4.3: Review existing data and monitoring Review key data collection, methodologies, techniques, and reporting practices including stream gauging, precipitation, evapotranspiration, groundwater static water levels, possible other issues, consumptive uses including surface groundwater and return flow. The Planning Unit will review the current status of the modeling efforts in WRIA 1 for surface and groundwater data collection methods, including conceptual and numerical (algorithms, computer simulations) data collection. The Planning Unit will identify for correction any data inadequacies, incomplete modeling, results, and provide peer review. Timeline: ongoing as needed Budget: no additional funds requested at this time Work product(s): 1) Written Report on findings, conclusions, and recommendations identifying data gaps, issues and corrective actions. The report will also include a funding plan. Implementation Status: In its memo to council recommended consideration of more data collection stations. No additional formal action taken by PU as of PU has received no word on status of the library since, so no follow through has taken place [Return to Table of Contents] Objective 5: Provide Ongoing Input on Related Watershed Issues Task 5.1: Review pending and newly adopted state legislation relevant to WRIA 1 10

11 Timeline: ongoing, as needed. Budget: no additional funds requested at this time Agency: County s contact/lobbyist in Olympia would be logical first choice for conduit of the information related to this Task. Work product(s): 1) A written Report on findings, conclusions, and recommendations regarding legislation and watershed related issues on an ongoing basis. Implementation Status: PU established a legislative committee at its [insert date] regular meeting Task 5.2. Review local policies, plans, programs, projects and ordinances, such as the Whatcom County Council Water Action Plan, the Puget Sound Partnership Whatcom Action Agenda, and implementation of measures designed to address water quantity and quality issues pertaining to the Growth Management Hearings Board Final Decision and Order (Hirst et al., v. Whatcom County, (Case No Final Decision and Order June 7, 2013) and related litigation. Timeline: ongoing, as needed Budget: no additional funds requested at this time Work products: 1) Written Report of findings, conclusions, and recommendations on local policies, plans, programs, projects and ordinances, including those issue areas called out in Whatcom County Council Water Action Plan. Implementation Status CWSP: In 2014 Planning Unit provided input on the resolution that initiated the CWSP update; it heard a presentation by consultants to the project on [insert date], and, per the council resolution, is scheduled to review the CWSP update draft when it is released, and before council action Task 5.3. Review other WRIA 1 activities as needed Timeline: ongoing, as needed Budget: no additional funds requested at this time Work products: 1) Written Report on findings, conclusions, and recommendations [Return to Table of Contents] 11

12 371 Objective 6: Governance, Funding, Administration Task 6.0. Determine Prioritization and Sequencing of the other Tasks within this Work Plan Status: Planning Unit engaged in preliminary task prioritization and sequencing exercise in mid Further iterations may be needed. Timeline: ongoing, as needed. Budget: no additional funds requested. Implementation Status: a continuing process Task 6.1. Determine Planning Unit annual budget for facilitation and caucus support Implementation Status: Planning Unit s WAP Memo to council, Item Planning Unit Caucus re-development and member education and communication funding Budget: one-time lump sum amount of $100,000; amended Nov to be $30,000 for County Admin response: included $10,000 in Planning Unit budget for caucus outreach Task 6.2. Review Planning Unit Annual Work Plan and Annual Budget In August of each year the Planning Unit should review the Annual Work Plan and make necessary adjustments to the proposed budget and schedule for the following year. This allows the funding agencies to include the Planning Unit funding requests to be included in the fall budgeting process. Work product(s): (1) An outline of Planning Unit meetings, agenda items to be discussed at each meeting, and a detailed budget for the following year. Timeline: next iteration, August 2015 Budget: no additional funds requested as this time Task 6.3. Review WRIA 1 Planning Unit Membership, Relationships with Other Entities Task The Planning Unit should clarify the current status of the WRIA 1 Watershed Management Project now that it has an adopted WMP, and clarify the 12

13 Planning Unit s relationship with and define how it intends to interact with other agencies and groups such as the Whatcom County Council, the Joint Board, the Salmon Recovery Board and the Department of Ecology. Work product(s): (1) A defined list of other entities and a written plan of how the Planning Unit intends to relate to these other entities. Task Review Planning Unit Membership Timeline: TBD Budget: TBD Task Review the 2010 Lower Nooksack Strategy (2010 LNS) governance issues. Timeline: TBD Budget: TBD Task Review other WRIA 1 policies undertaken since June 2009, including the Whatcom Integration Team and the designation of the WRIA 1 Joint Board and Salmon Recovery Board as the Puget Sound Partnership Local Implementing Organization. Timeline: TBD Budget: TBD Implementation Status: PU established Governance and Funding Committee, which began meeting in February 2015 and periodically thereafter. The first approved work product of the group recommended continuing to operate under council resolution At its August meeting, the Committee issued two recommended motions to address the same issue, for consideration at the August 26 regular PU meeting Task 6.4. Develop an Ongoing Funding Plan for the Implementation of the WRIA 1 Watershed Plan What should the WRIA Watershed Management Plan long-term funding mechanism be? The Planning Unit should address this issue. Timeline: TBD Budget: TBD 13

14 Work product(s): (1) A five year budget to support the implementation of the WIRA 1 Watershed Plan, with clearly identified funding sources for each budget line item. Implementation Status: no formal action taken by PU as of Task 6.5. Adaptively manage each task within each objective by frequent periodic review of goals, actions to measure accountability, effectiveness and results. Timeline: ongoing, as needed Budget: no additional funds requested at this time Implementation Status: a continuous process [Return to Table of Contents] 14