Yearly Archives: 2011

Restoring the Deschutes Estuary would benefit salmon from all over Puget Sound

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Salmon smolts from numerous Puget Sound river systems migrate into Budd Inlet. The Squaxin Island Tribe has been monitoring salmon usage there and we’ve found extensive use by juvenile salmon all over the region.

This isn’t really surprising. Deep south Puget Sound is one of the most productive areas in the world for the food juvenile salmon need. Its natural that they would evolve to migrate to a place with a lot of food before heading out to the ocean. To increase the habitat they prefer here would only benefit them.

The image above is based on coded wire tag (CWT) data taken from salmon found in Budd Inlet. CWTs are tiny pieces of metal inserted into the snouts of hatchery salmon so scientists can determine their origin.

While its likely there were some Deschutes origin chinook that were caught in the study, we can’t quantify their use accurately since they aren’t fitted with CWTs. We did see a surge in fish soon after the Deschutes hatchery made their releases.

Puget Sound chinook are currently listed under the federal Endangered Species Act.

An article in the right hand column of page 12 of this magazine summarizes the tribe’s research in juvenile salmon usage in Budd Inlet and throughout deep South Sound.

The myth of the connection between Wilder and White and Capitol Lake

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The creation of what we now know as Capitol Lake was not the natural outgrowth of a landscaping plan for the Capitol Campus. Rather, it was the result of a decades-long lobbying effort by local businessmen, politicians and city-fathers to create an appealing water feature and “scrape the moss off” Olympia.

Recently, lake defenders have distorted the origin story of Capitol Lake for use as a cloak of legacy. The defenders of the lake present the argument that the Wilder and White plan for the campus was the origin of the lake idea. This position is wrong. They claim that restoring the estuary would disparage our own history. The true origins of Capitol Lake inform not only our misunderstanding of local history, but also how we move forward with the future of the lake and the Deschutes River estuary.

The initial campus plan called for a modest reflecting pool, but it was a group of prominent Olympia citizens that suggested creating a much larger lake by impounding the Deschutes River with a dam running east-to-west. This more drastic proposal was not embraced by the State Capitol Commission and was immediately rejected.
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Court Rules that State’s Inaction Hurting Johns Creek Salmon

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KAMILCHE – A Thurston County Superior Court  ruled in favor of an effort by the Squaxin Island Tribe  to protect the Johns Creek Basin.  Squaxin filed suit  last year asking the state to impose a moratorium on  drilling new wells until the state determines if water  is legally available to supply those wells.

Judge Paula Casey ruled that the state’s inaction was “arbitrary and capricious.”

“We’re elated that the court took a step to protect Johns Creek,” said Andy Whitener, the tribe’s natural resources director.  “But our mission will not be accomplished until state agencies take concrete actions to increase streamflow and benefit salmon.”

The tribe petitioned the state Department of Ecology twice in two years to stop new water withdrawals in the Johns Creek Basin until enough scientific information is available to quantify the environmental impacts of pumping water out of those newly drilled wells.  The state rejected both requests, citing budget constraints.

“Every year since recordkeeping began in the 1950’s, Johns Creek has had less and less water, and in every one of those years, more wells have been drilled in the basin,” Whitener said. “ Not only are minimum flows not being met, but the water shortage gets worse every year.”

Since the state set minimum flows in 1984 (WAC 173-514), more than 200 “permit-exempt” wells have been drilled in the Johns Creek Basin.  State law allows these wells to be drilled without having to first obtain a permit and consents to withdrawals of up to 5,000 gallons a day.

“While we seek cooperation first in all of our natural resources management efforts, there are times when we must go to court to protect our culture and treaty rights,” said Whitener.

The myth of the “stinky mudflats” on a restored Deschutes Estuary (80 percent of the time and healthy)

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One of the myths that defenders of Capitol Lake like to mention is the danger of ever present mud flats on a restored Capitol Lake. Obviously, they like to point out, a quiet and peaceful dammed river is much preferable to mud flats. What they don’t mention is the scientific studies that point out how untrue this is.

The recent publication by the Capitol Lake Improvement and Protection Association compared a photo of the current lake with one during the extended drawdown two years ago. That in itself is an inaccurate comparison since that drawdown took the lake to an extremely low water level for an extended period of time. Compared to the twice daily flooding of the estuary, this is a pretty unfair comparison.

From the recent edition of CLIPA’s Capitol Lake Clipper:

Also, from the CLIPA website (under “Know the Facts“):

If we stop dredging the lake and allow this sediment to be dumped into our waterfront the accumulated sediment will: Revert the lake area to stinky mud flats

On the other hand a recent study on how exactly tides would fill the estuary had this to say:

All four restoration alternatives show little to no difference in the amount of submerged or exposed lake bottom. The model predicts that the North Basin, much of the Middle Basin, and the main channel, which would reform quickly after dam removal, would be under water 80% of the time.

If  the estuary were restored, we wouldn’t be trading a beautiful lake for a muddy swamp. Rather, we’re trading a full basin that is polluted and sick for a basin that is full 80 percent of the time and is healthy.

Here is a map that shows to what percentage of time different parts of the current Capitol Lake would be underwater in a restored estuary.

Not exactly the nightmare you’re led to believe.

Here’s a photo from the Washington State Digital Archives (full size version here) showing a typical view of the Capitol Campus in the mid-1930s.

More information: Deschutes Estuary Feasibility Study (Hydrodynamics and Sediment Transport Modeling)

Senate Bill 5757

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Tuesday, February 15th, 10AM, Senate Hearing Room 4, J.A. Cherber Building.  The Senate Environment, Water and Energy Committee will hold a hearing on SB 5757.  The Squaxin Island Tribe will testify in support of the bill.

From the Squaxin perspective, the bill will provide funding to help local jurisdictions make  science-based decisions on water availability when issuing building permits under GMA (RCW 19.27,097).  Currently, if a well can pump enough water, the local jurisdiction always concludes that water is available.  This bill will help the Department of Ecology guide local jurisdictions to more science-based decisions when evaluating water availability for building permits.  If a well, particularly an exempt one, steals water from a senior instream flow right, this bill will provide for the assimilation of the kinds of data the Department of Ecology will need in order to direct the local jurisdictions to just say “no.”

So Squaxin says “yes” in support of this bill to “just say no” to most new water withdrawals!

UPDATE: Here is the public hearing, including testimony by Squaxin Island Tribe staff:

Oral arguments in Squaxin Island Tribe v. Gregoire this Friday

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This Friday, oral arguments will be heard in Squaxin Island Tribe v. Gregoire, a lawsuit the tribe filed last year to protect Johns Creek. For years the tribe has been urging the state to do the right thing and halt new well drilling in the Johns Creek basin.

Last year, the tribe asked the governor to step in, but she didn’t. Here’s the story from the time:

The Squaxin Island Tribe is appealing to Gov. Chris Gregoire the decision by the state Department of Ecology to reject a petition to protect Johns Creek. “Ecology’s inaction does further harm to our treaty-based fisheries,” said Andy Whitener, natural resources director for the Tribe. “Salmon recovery should not have to bear a disproportionate share of the fallout from tough economic times.”

This is the second time in two years that Ecology has rejected the Tribe’s request to protect Johns Creek, citing the need for study on the connection between ground and surface water in the Johns Creek watershed. The Tribe’s petitions were based on a state law that closes a watershed to new well drilling activity if not enough information exists to establish that water is legally available.

Here are the various court filings for this lawsuit. First, the tribe’s opening brief:

Squaxin Island Tribe v. Gregoire | Squaxin Island Tribe opening brief

Then a response from Mason County:

Squaxin Island Tribe v. Gregoire | Mason County response brief

Department of Ecology’s response:

Squaxin Island Tribe v. Gregoire Ecology response brief

Then, the tribe’s reply:

Squaxin Island Tribe v. Gregoire | Squaxin Island Tribe reply brief