Author Archives: jkonovsky

New Deschutes Watershed Coalition Formed

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On-the-ground habitat restoration projects will be the focus of a new coalition to jumpstart salmon productivity in the Deschutes River watershed.  The Squaxin Island Tribe and the cities of Olympia, Lacey and Yelm are establishing the Deschutes Watershed Environmental Stewardship Coalition.

“The Deschutes coalition will be an ongoing alliance to fund and conduct on-the-ground projects to restore a healthy watershed,” said Andy Whitener, natural resources director for the tribe.  “The coalition will put words into actions and start restoring productivity to the Deschutes River.”

Initial projects are slated for the 197-acre farm on the Deschutes River near Lake Lawrence that the cities recently purchased as part of mitigation for their new water rights.

 

Smith Farm near Lake Lawrence

In the past, the Deschutes River was the largest producer of coho salmon in deep South Sound.  A landslide in 1990 destroyed the most productive coho tributary in the watershed.  “The impact of that landslide is still being felt throughout the watershed,” said John Konovsky, environmental program manager for the tribe.  “But we know the Deschutes can be a productive salmon stream again.”

“Thirty years ago, we were seeing coho returns in the tens of thousands, now we’re talking about coho runs in the hundreds,” said Jeff Dickison, assistant natural resources director.  “We need to get our hands dirty now to improve coho habitat and bring back stronger runs.”

Because the upper Deschutes River is relatively undeveloped – less than 10 percent has been converted to impervious surface – its still possible to restore salmon habitat and productivity.  “If we restore some habitat and give these fish half a chance, they’ll recover,” Dickison said.

“The tribe’s treaty rights, economy and way of life are meaningless if we aren’t able to harvest salmon,” Whitener said.  “Protecting and restoring salmon habitat is the most important thing we can do to restore coho and protect our treaty right to fish.”

Excess Nutrients increase Ocean Acidification

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Nutrient loading and its effects on the health of the Salish Sea was a topic covered from a variety of perspectives at the recent Salish Sea Ecosystem Conference in Vancouver, BC.  The most common threat from elevated nutrients is hypoxia, or dangerously low levels of dissolved oxygen as is found at times in Hood Canal.  But another threat is emerging and was discussed at the conference.  Excess nitrogen can add to the decrease in Salish Sea pH we are experiencing from climate change and which is threatening the shellfish industry.

Excess nitrogen in the marine environment fuels algae growth.  When the algae dies and is decomposed by microbial action, CO2 is produced–the more algae, the more CO2.  This CO2 from microbial respiration has the same effect as atmospheric CO2–it lowers pH.  Thus CO2 in marine waters has two sources–the atmosphere and microbial respiration.   And, as anthropogenic sources of nutrients increase algae growth, acidification and all its damaging consequences are accelerating.

What is most alarming is that the combination of the two sources of CO2  (atmosphere and respiration) seems to have more than an additive effect–there is some sort of synergy that lowers pH beyond what would be expected from the sum of the predictions for each of the two sources when modeled alone.  In the context of the relatively limited water circulation found in the Salish Sea and especially in South Sound where nutrients tend to linger for long periods of time, this emerging science increases the urgency to control or treat all sources of excess nutrients to help compensate for the effects of climate change.

Come support the tribe’s fight to protect fish!

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Update:  Judge Paula Casey ruled in favor of the Squaxin Island Tribe to protect Johns Creek!

Fish runs in Johns Creek, near Shelton, have been shrinking for years.  Wells are stealing water that should flow into Johns Creek.  Ecology has refused to stop new wells until it knows where wells can be safely drilled.

So, the Tribe sued Ecology and Mason County.  In March 2011, Judge Paula Casey issued a great opinion!   She said that Ecology made a big mistake in denying the Tribe’s request.

Come again and watch round 2.   This time, the battle is over what Ecology must do when the case is returned to it for corrective action.  Ecology wants a free pass, but the Tribe wants more — real benefits for fish.  On Friday morning, September 2, the Tribe’s Legal Department will argue the Tribe’s case to Judge Paula Casey in Olympia.

When:  Friday, September 2, 2011, at 9:00 a.m.  It may happen later in the morning, but we will not know until the day before…

Where: Thurston County Superior Court, 2000 Lakeridge Dr. SW, Olympia, WA 98502.  Go to Building #2, Room # 257.

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.

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