November 5, 2014 Whatcom County Coordinated Water System Plan Update Water Utility Coordinating Committee (WUCC) 1

Introductions Whatcom County Council representative Whatcom County Council representative County Staff County Staff WDOH staff WDOH staff Ecology staff Ecology staff Water Purveyors (voting/non-voting) Water Purveyors (voting/non-voting) Tribal Representatives Tribal Representatives General Public General Public RH2 Engineering, Inc. RH2 Engineering, Inc. 2

Coordinated Water System Plan (CWSP) Developed pursuant to the Public Water System Coordination Act (Chapter RCW) and the Water System Coordination Act (Chapter WAC) Developed pursuant to the Public Water System Coordination Act (Chapter RCW) and the Water System Coordination Act (Chapter WAC) Identifies the Critical Water Supply Service Area (CWSSA) Identifies the Critical Water Supply Service Area (CWSSA) Incorporates water system plans for public water systems in the CWSSA Incorporates water system plans for public water systems in the CWSSA Includes “supplementary provisions”. Includes “supplementary provisions”. 3

Coordinated Water System Plan Supplementary Provisions Supplementary Provisions include: Supplementary Provisions include: Assessment of related, adopted plans Assessment of related, adopted plans Identification of future service areas and service area agreements 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 Minimum area-wide water system design standards, including fire flow performance standards Procedures for authorizing new water systems Procedures for authorizing new water systems Assessment of potential joint-use or shared facilities and/or management programs. Assessment of potential joint-use or shared facilities and/or management programs. (WAC ) 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 ) 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 ) 6

Brief History of Whatcom County CWSP Process initiated in 1990 Process initiated in 1990 CWSSA designated in 1991 CWSSA designated in 1991 Draft CWSP was produced in 1993 Draft CWSP was produced in 1993 Never officially adopted by WDOH Never officially adopted by WDOH Draft was updated in 2000 and was approved by WDOH Draft was updated in 2000 and was approved by WDOH Current update commencing November, 2014 Current update commencing November,

CWSP UPDATE We plan to use whatever we can use from the existing plan We plan to use whatever we can use from the existing plan We see four types of information: We see four types of information: 1. Information still relevant will be re-used 1. Information still relevant will be re-used 2. Information that needs to be updated 2. Information that needs to be updated 3. Information no longer relevant will be deleted 3. Information no longer relevant will be deleted 4. New information will be included. 4. New information will be included. 8

Water Utility Coordinating Committee (WUCC) Statutory “vehicle” to do CWSP update Statutory “vehicle” to do CWSP update WUCC Voting and Non-Voting Members WUCC Voting and Non-Voting Members WAC Defines who is a voting member WAC Defines who is a voting member Representative from each purveyor serving more than 50 customers (connections) Representative from each purveyor serving more than 50 customers (connections) County Legislative Authority (Council) County Legislative Authority (Council) County Planning Agency County Planning Agency County Health Agency County Health Agency 9

Background Voting by WUCC Members Voting by WUCC Members WAC (2) WAC (2) Decisions of the committee shall be by majority vote of those present at meetings of the committee. Decisions of the committee shall be by majority vote of those present at meetings of the committee. All voting WUCC members: All voting WUCC members: Assign a primary representative (required) Assign a primary representative (required) Assign an alternate representative (optional) Assign an alternate representative (optional) 10

County Council Representative WUCC – Voting Member Carl Weimer Carl Weimer Rud Browne, alternate Rud Browne, alternate 11

County Staff WUCC – Voting Members Planning and Development Services Planning and Development Services Mark Personius Mark Personius Health Department Health Department John Wolpers John Wolpers WUCC – Non-voting Member Public Works Public Works Gary Stoyka Gary Stoyka 12

WDOH Staff WUCC – Non-voting Member Regional Planner Regional Planner Richard Rodriguez Richard Rodriguez Regional Engineer Regional Engineer Jolyn Leslie Jolyn Leslie 13

Ecology Staff WUCC – Non-voting Member WRIA 1 Watermaster WRIA 1 Watermaster Kasey Cykler Kasey Cykler 14

Purveyors WUCC – Voting Members Systems Serve More Than 50 Connections Systems Serve More Than 50 Connections WUCC – Non-voting Member Systems Serve 50 Connections or Less Systems Serve 50 Connections or Less 15

Tribal Representatives WUCC – Non-voting Members Lummi Nation Lummi Nation Nooksack Indian Tribe Nooksack Indian Tribe 16

General Public 17

RH2 Staff Consultants: Jim Bucknell Jim Bucknell Meeting Facilitator and Document Lead Meeting Facilitator and Document Lead Andy Dunn Andy Dunn Technical and Data Lead Technical and Data Lead Michele Campbell Michele Campbell Engineer Lead Engineer Lead Jacki Quinn Jacki Quinn Meeting Summary & Document Proofing Meeting Summary & Document Proofing 18

Background Previous Coordinated Water System Plans (CWSP) Previous Coordinated Water System Plans (CWSP) County Council Resolution County Council Resolution County Comprehensive Plan Update 2016 County Comprehensive Plan Update 19

Background Critical Water Supply Service Area Boundary Critical Water Supply Service Area Boundary COUNCIL RESOLUTION COUNCIL RESOLUTION 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 (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. 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 (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 ) Authority for establishing a Coordinated Water System Plan (CWSP). CWSP must not be inconsistent with the land use plan (RCW ).

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, 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 1 st Comp Plan under the GMA in 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 , 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 , 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 Selection of WUCC Chair General meeting expectations General meeting expectations Agendas and meeting summaries Agendas and meeting summaries Subcommittees for 2000 update Subcommittees for 2000 update Design Standard and Fire Flow Design Standard and Fire Flow Service Area Procedure Service Area Procedure 40

Committee/Meeting Function Proposed by County/RH2 Proposed by County/RH2 Voting Voting One vote per WUCC Voting Member One vote per WUCC Voting Member A single person can vote for multiple voting members if so designated A single person can vote for multiple voting members if so designated Formal votes will be taken by roll call and documented Formal votes will be taken by roll call and documented Taking Public Comment Taking Public Comment At least at the end of every meeting 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. 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 Chapter by Chapter Review Full WUCC will be provided with a chapter once it is preliminarily complete 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. RH2 and WUCC may propose areas needing WUCC clarification as agenda items. WUCC will discuss and provide guidance to RH2. WUCC will discuss and provide guidance to RH2. RH2 will incorporate outcome of discussion. RH2 will incorporate outcome of discussion. RH2 will provide chapters at least 2 weeks before a meeting where there will be a vote. 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 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. 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 WUCC will develop the draft update CWSP reviewed by WCPDS for local consistency CWSP reviewed by WCPDS for local consistency Draft will be shared with the WRIA 1 Planning Unit for comment 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 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 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 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 County Council will hold at least one public hearing and consider adoption If adopted, Council forwards CWSP to WDOH recommending approval If adopted, Council forwards CWSP to WDOH recommending approval (RCW (8) and 060 and WAC ). 47

WRIA 1 Planning Unit Coordination WUCC to request input from the WRIA 1 Planning Unit early in the process. WUCC to request input from the WRIA 1 Planning Unit early in the process. Proposed for December 17 Planning Unit meeting Proposed for December 17 Planning Unit meeting RH2 will present and take input. RH2 will present and take input. Will provide final draft document for Planning Unit review and comment prior to submittal to County Council. 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: RH2 will host the following documents for review by WUCC: Meeting Agendas Meeting Agendas Meeting Summaries and Presentations Meeting Summaries and Presentations Vote Documentation Vote Documentation Chapters for Review using Track Changes Chapters for Review using Track Changes Approved Preliminary Chapters Approved Preliminary Chapters 49

Future Meeting Proposal Third Wednesday of each month Third Wednesday of each month Evening meetings (6-8 p.m.?) Evening meetings (6-8 p.m.?) Next meeting in January and then monthly beyond that. Next meeting in January and then monthly beyond that. 50

Homework - All Review 2000 CWSP update Review 2000 CWSP update Consider potential areas where 2000 CWSP update document should be altered. 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. Consider subcommittee(s). Notify Jim or Gary by Dec. 19 for vote in January. 51

Suggestions or Feedback Public Comment Public Comment 52

Questions? Jim BucknellGary Stoyka Jim BucknellGary Stoyka X X Andy DunnMichele Campbell Andy DunnMichele Campbell

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Potential Next Steps Some updates to Glossary of Acronyms and Terms Some updates to Glossary of Acronyms and Terms Some updates to Section 2 – the CWSP Plan Process Some updates to Section 2 – the CWSP Plan Process History in Whatcom County, Chronology, WUCC Subcommittee(s) History in Whatcom County, Chronology, WUCC Subcommittee(s) Section 3 – WCPDS can start population update work 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 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?) 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 6 – Start review of Utility Service Review Procedure (subcommittee?) Section 7 -- Satellite Management and Receivership – update for discussion by WUCC 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? 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