Loading...
HomeMy WebLinkAboutR-2001-060 Tri-County Water Resource Agency & (DOE) Washington Department of Ecology AgreementRESOLUTION NO. R-2001-60 A RESOLUTION authorizing and directing the Mayor of the City of Yakima to execute the Memorandum of Agreement (Agreement) between the Tri -County Water Resource Agency and the Washington Department of Ecology for the purpose of ensuring local representation, and participation in the on-going Joint groundwater study of the Yakima River Basin. WHEREAS, this Agreement recognizes the parties commitment to watershed planning in keeping with RCW 90.82; and WHEREAS, the parties to this Agreement further recognize that watershed planning provides an effective forum to address the holistic management of water resources in the Yakima Basin; and WHEREAS, this Agreement enabling participation by local interests in the groundwater study currently be conducted in the Yakima River Basin by the Yakama Nation, the Department of Ecology, and the Bureau of Reclamation, is essential to the development of competent watershed plan; and WHEREAS, participation by a representative of the local interests will give them assurance as to the credibility of the model structure and its output; and WHEREAS, the City Council has determined that it is in the best interest of the City to execute the attached Agreement between the Tri -County Water Resource Agency, and the Washington Department of Ecology, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The Mayor of the City of Yakima is hereby authorized and directed to execute the attached and incorporated Memorandum of Agreement between the Tri -County Water Resource Agency and the Department of Ecology. ADOPTED BY THE CITY COUNCIL this 3rd day of April 2001. ATTEST: Karen Roberts, City Clerk Contract No. 2001-39 ry Place, Mayor Tri -County Water Resource Agency 402 E. Yakima Ave., Suite 360 Yakima, WA 98901 Memorandum of Agreement Between Tri -County Water Resource Agency and Washington State Department of Ecology Grantors Benton County Kittitas County Yakima County City of Ellensburg City of Yakima Roza Irrigation District Sunnyside Valley Irrigation District Yakima-Tieton Irrigation District Washington State Department of Ecology Grantees: Benton County Kittitas County Yakima County City of Ellensburg City of Yakima Roza Irrigation District Sunnyside Valley Irrigation District Yakima-Tieton Irrigation District Washington State Department of Ecology 11 0 11 11 110 1 AVTMA (f IIUTV f'f1MM CCif11Jr 1 1111 OPD 7218280 Page; 1 of 6 05/31/2001 09,15R TCWRA - 3-21-01 MEMORANDUM OF AGREEMENT Between Tri -County Water Resource Agency And Washington State Department of Ecology Introduction This Memorandum of Agreement (MOA) is entered into by the Washington State Department of Ecology (Ecology) and the Tri -County Water Resource Agency (TCWRA) for the purposes stated below The parties recognize and agree that TCWRA's implementation of the terms of the Agreement will be in concert with the Yakima Basin Watershed Planning Unit established pursuant to RCW 90 82 060. The TCWRA will consult with the Chair(s) of the Planning Unit on all actions related to this Agreement. Purpose and Intent The purpose of the MOA is to describe and commit the TCWRA and Ecology to the courses of action necessary to ensure local representation and participation in the on-going Joint study related to groundwater management in the Yakima River Basin. The Joint study is described in the August 12,1999 Memorandum of Agreement among the Yakama Nation, U. S Bureau of Reclamation, and Ecology (Groundwater MOA) This agreement between the TCWRA and Ecology formally recognizes the parties' commitment to watershed planning and clarifies communication and collaboration responsibilities related to water issues in the basin. Additionally, this Agreement confirms that Yakima Basin groundwater policies, including any recommendations or policies from the Groundwater MOA study, will be established following consultation with the Planning Unit or Planning Unit Committees as appropriate, established under the local watershed planning process as set forth in RCW 90 82 Currently, the Yakima Basin Groundwater Model Technical Team' comprises the U S Geologic Survey, U. S Bureau of Reclamation, Yakama Nation, and Ecology The actions and agreements contained within this MOA do not alter or modify any terms or conditions of the Groundwater MOA. This agreement is to ensure that Yakima Basin Watershed Planning and the groundwater study effort are implemented in concert to minimize redundancy and maximize the utility of data 'The Groundwater MOA established a Study Team. The Technical Team and Study Team are one and the same TCWRA/Ecology MOA 2/12/01 N w 11 1 1 1 1 11 1 Page 1 1 7218280 Page: 2 of $ 05/31/2001 09:15A and information by sharing it whenever possible Ecology represents only itself in this agreement and does not represent or speak for the other two parties to the Groundwater MOA. Commitment to Watershed Planning The TCWRA and Ecology hereby state their on-going commitment to Watershed Planning per RCW 90 82 It is hereby recognized that Watershed Planning provides an effective planning forum to address the holistic management of water resources in the Yakima Basin. The parties agree to continue to seek involvement and support from other entities engaged in water management, studies and planning efforts in the basin to help ensure successful completion and implementation of the Yakima Basin Watershed Plan. The parties agree to support each other's efforts to secure funding needed for completion of studies, planning and projects that will potentially improve water management and availability in the basin. Ecology, in association with the Department's on-going commitment to watershed planning in the Yakima Basin, will provide the current biennium's allocation of $85,000 in accordance with legislative stipulations to support Level II Assessment or Phase 3 planning activities The allocation will be dispersed under a separate Watershed Planning grant agreement. The parties also agree that any additional Ecology -sponsored groundwater or surface water studies of the Yakima River Basin must be coordinated with the RCW 90.82 planning process Recognition of Purpose - Yakima Basin Groundwater Model Development Process The TCWRA and Ecology agree that additional information and a credible evaluation tool are necessary to accurately characterize groundwater quantities, availability, and surface water/groundwater relationships in the Yakima Basin. The groundwater model may serve as a tool for water managers and permitting agencies to improve confidence in water rights applications and determinations, and the development of effective water management strategies The parties recognize that the products generated during the groundwater modeling effort will be important to the long-term success of Watershed Planning in the basin. Local Representation and Participation in the Groundwater Model Development Process The parties recognize the importance of local involvement in the on-going groundwater model development process Local participation provides the following. s Ensures better public understanding of the intent of the study. Improves communications between potentially impacted stakeholders and agencies Ensures an understanding of technical information as it becomes available through TCWRA/Ecology MOA 2/12/01 1 Page 2 1 NII 7218280 Page; 3 of 6 05/31/2001 09:15A the groundwater model development process. Improves public acceptance of the final model as a dependable tool for evaluating water rights applications and related water management strategies. Local Technical Representation Ecology will fully support inclusion of a technical representative selected by the Planning Unit Steering Committee onto the Groundwater Model Technical Team. The locally selected technical representative shall have experience and credentials in hydrogeology and groundwater modeling commensurate with other members of the Technical Team. The locally selected technical representative will be an equal member in all aspects and activities of the Technical Team. The local representative in coordination with Ecology will serve to • • • s • • • • Provide two way communications between appropriate Planning Unit Committee(s) and the Groundwater Model Technical Team. Provide additional expertise to the Groundwater Model Technical Team. Participate in the selection of the form of modeling to be used for the Yakima Basin. Review the data and information collected and compiled by the USGS and provide input to the USGS and other Technical Team members. Participate in the evaluation of the detailed study plan, budget and schedule, following the signing of this agreement and any modification thereof. Evaluate the conceptual model and provide input to the Technical Team. Participate in the on-going evaluation of the groundwater model as it is developed. Evaluate the calibration of the model by the USGS and provide input to USGS and other members of the Technical Team. Inclusion of the locally selected technical representative will be through the written concurrence by each of the existing members of the Technical Team. In order to further facilitate and support the Yakima Basin Watershed Planning effort Ecology and the locally selected technical representative as members of the Groundwater Model Technical Team will also • Stay abreast of the TCWRA and Planning Unit positions and approaches to water related policy development in the basin. Identify current and future technical information needs of the Watershed Planning process for consideration by the other Groundwater Model Technical Team members Wherever appropriate, taking into account financial constraints, recommend modifications to the Scope of Work for the model development process to the Technical Team to provide information beneficial to all parties. Modifications to the Scope of Work will be based on technical justification and subject to consensus (agreement by all Technical Team members) TCWRA/Ecology MOA 2/12/01 Page 3 111111111 nnuuT 1 nn MM?Antn Ir 1 1 11 7218280 Page: 4 of 6 05/31/2001 69:15A i�_1 :.._ n_ un • Provide technical input to the TCWRA and Planning Unit to support the development of recommendations related to Local and State policy or rule development processes associated with the completed groundwater model. Local Participation in Water Related Policy All local watershed planning activities, strategies, mitigation measures, studies or other tasks associated with water management in the Yakima Basin, undertaken by Ecology, must be coordinated with TCWRA and the Planning Unit to the maximum extent practicable. Ecology will meet routinely with locally appointed representatives for early consultation or during the development process for any policy or rule related to water management in the Yakima Basin. Ecology will also meet upon written request of the TCWRA and Planning Unit. Ecology will invite the TCWRA and Planning Unit representatives to participate as equal members of any work group in which Ecology is the lead agency and responsible for initiating work groups, study teams, committees, or any other organization involving Yakima watershed issues, including any Ecology sponsored committee derived from the Groundwater MOA. Representation of State Interests Federal and State law, through the process of separation of powers, has delegated many responsibilities of water management to the states The State of Washington, through its legislature, has recognized this responsibility, and the declared clear policy direction in that RCW 90 54.080 directs the state to vigorously represent its interests before federal agencies. Ecology acknowledges local concerns that the Clean Water Act, the Endangered Species Act, and other federal regulations and laws, may impact state and local management of the water resource Consistent with RCW 90.54.080, Ecology shall vigorously represent state and local delegated interests before federal agencies regarding state water policies wherever Ecology has authority, investment or legal interaction associated with the issue. Groundwater Moratorium Local governments and many local interests did not have a voice in the Groundwater MOA and proposed groundwater moratorium or any informal moratorium in the basin not currently covered by State rule Many of those local governments and other water interests question whether any moratorium is necessary or authorized under current law The TCWRA neither supports nor endorses the current moratorium on groundwater in the Yakima Basin. Ecology shall not adopt any formal groundwater rule(s) until it has consulted with the TCWRA, the Planning Unit, and upon written request of any other local governments, and has held public hearings as required by State regulation. TCWRA/Ecology MOA 2/12/01 Page 4 111111111 1 11 1 1 11 11 1 1 11 7218280 Page: 5 of 6 05/31/2061 09:15A General Conditions This agreement does not relieve any of the signed parties or those who they represent from compliance with applicable Federal, State or Local laws, rules, regulations or requirements, nor does it waive any rights the parties may have to challenge prior agreements related to the Yakima Basin (i.e Groundwater MOA) If one or more of the signed parties to this agreement identify non-compliance with any term(s) or condition(s) in this agreement, then the concern shall be noted in writing to the other party Within fifteen (15) working days of the date when the concern is formally noted in writing the signed parties or their representative will meet to discuss the concern and define a course of action to correct the non-compliance if one exists Any of the signed parties to this agreement may terminate their involvement in this agreement with thirty (30) days written notice to the other signed party The following representatives for the TCWRA and Ecology do herby agree to the terms and conditions as noted above Benton County Commissioner 'ma County AKAP / Commission y ' Kittitas Conn City of Yakima 7 Date l Sunnyside Valley Irrigation District 0.03 Jo Date Date Commissioner C' of Ellensburg yor Date f—// Date Roza Irri ' at' n Dis rict anager Date Yakima-Tieton Irrigation District Date Manager lit NOTE : BENTON AND ITT1TF15 COUNTY VOTED AGAi r1ST SAVE) TERniS AN l) AGREEMENT GDNDIT1UN5j THEREFORE NO SIGNATURES APPERR TCWRA/Ecology MOA 2/12/01 cology Date irector Date 11 11 11 1 1 1 1 11 1 1 11 11 11 11 7218280 Page; 6 of 6 05/31/2001 09:15R BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of April 3, 2001 ITEM TITLE: A resolution authorizing and directing the Mayor of the City of Yakima to execute the Memorandum of Agreement between the Tri -County Water Resource Agency and the Washington Department of Ecology for the purpose of ensuring local representation, and participation in the on-going Joint groundwater study of the Yakima River Basin. SUBMITTED BY: Dueane Calvin, Water/Irrigation Manager Glenn K. Rice, Assistant City Manager CONTACT PERSON/TELEPHONE: Dueane Calvin, Water/Irrigation Manager, 575-6154 SUMMARY EXPLANATION: Staff respectfully requests City Council to approve the attached resolution authorizing the City to sign the Memorandum of Agreement (MOA) between the Tri - County Water Resource Agency (TCWRA) and the Washington Department of Ecology (Ecology) for the purpose of ensuring local representation and participation in the on going Joint Yakima River Basin groundwater study. The Joint groundwater study was originally to be undertaken by the Yakama Nation, the Bureau of Reclamation, and the Washington Department of Ecology. This Joint study was establish and is described in detail in the August 12, 1999 Memorandum of Agreement entered into by these three entities. This MOA between the Department of Ecology and the TCWRA will not alter or modify any terms or conditions the original Groundwater MOA. The primary the Memorandum of Agreement between the TCWRA, and Ecology formally recognizes the need for participation and input in the study by members of the Planning Unit, as well as keep the Planning Unit informed of progress throughout the process. This will be accomplished though the selection of a locally selected technical representative who will then become an equal member with all other participants on the Technical Team. Resolution X Ordinance Other (Specify) Memorandum of Agreement Contract Mail to (name and address): Tri -County Water Resource Agency 402 E. Yakima Ave., Yakima, WA. 98901 Phone: (509) 574-2650 Funding Source APPROVED FOR SUBMITTAL: p, City MaMaager STAFF RECOMMENDATION: Approve the resolution authorizing execution by the Mayor of the accompanying Memorandum of Agreement between the Tri -County Water Resource Agency and the Department of Ecology. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: RESOLUTION ADOPTED. RESOLUTION NO. R-2001-60