WUCC meeting 1-FINAL 110514 5976KB Nov 05 2014

Report
Whatcom County Coordinated
Water System Plan Update
Water Utility Coordinating
Committee (WUCC)
November 5, 2014
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 Plan
Supplementary Provisions

Supplementary Provisions include:

Assessment of related, adopted plans

Identification of future service areas and service area
agreements
4
Coordinated Water System Plan
Supplementary 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 wellbeing.” (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 Stoyka
12
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


Andy Dunn


Technical and Data Lead
Michele Campbell


Meeting Facilitator and Document Lead
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

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 Areas
 Agriculture, Forestry and Mineral Resource Lands
 Rural 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 2EE2).
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. 12-20013, Final Decision and Order (June 7, 2013), p. 8.
The Bottom Line
 The 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
[email protected]
425-951-5424
Gary Stoyka
[email protected]
360-676-6876 X 50618
Andy Dunn
[email protected]
425-951-5448
Michele Campbell
[email protected]
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

similar documents