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Home My WebLink AboutR-2005-152 Kittitas County's Opt-Out of Watershed Management Plan for Yakima River BasinRESOLUTION NO. R 2005- 152 A RESOLUTION affirming Kittitas County's decision to opt -out of the Watershed Management Plan Yakima River Basin and directing the City Manager to execute any necessary and appropriate documents to effect that opt -out. WHEREAS, the Tri -County Water Resource Agency (TCWRA) is the lead agency for watershed planning in the Yakima River Basin; and WHEREAS, by letter dated September 13, 2005, the Kittitas County Board of County Commissioners notified the Yakima City Council that it has decided to opt - out of the Watershed Management Plan Yakima River Basin; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to consent to Kittitas County's desire to opt -out of the Watershed Management Plan Yakima River Basin, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Council of the City of Yakima hereby affirms Kittitas County's decision to opt -out of the Watershed Management Plan Yakima River Basin and directs the City Manager of the City of Yakima to execute any necessary and appropriate documents to effect that opt -out. ADOPTED BY THE CITY COUNCIL this 4th day of October 20 ATTEST: Ca?„, Paul P. George, Mayor City Clerk Mr. Greg Schuler Washington State Department of Ecology 101 East Yakima Avenue Yakima, WA 98902 Dear Mr. Schuler: In accordance with your request, "Opt -Out" letters for Kittitas County have been individually authorized and prepared by each Initiating Government of the Yakima Basin. This joint letter, individually signed by each of the Initiating Governments, forwards these documents to Ecology prior to the currently scheduled (November 2, 2005) Joint Session of the BOCC's of Benton, Klickitat and Yakima Counties, at which the Plan is expected to be approved. Sincerely, , Ron Gamache, Chair, Yakima County BOCC , Claude Oliver, Chair, Benton County BOCC , Donald Struck, Chair, Klickitat County BOCC , Richard A. Zais, Jr., City Manager, City of Yakima , Ed Barry, Mayor, City of Ellensburg , Ron VanGundy, Roza Irrigation District , Don Schramm, Sunnyside Valley Irrigation District , Rick Dieker, Manager, Yakima-Tieton Irrigation District CC: Kittitas County BOCC Attachments: Resolution Benton County BOCC Resolution Klickitat County BOCC Resolution Yakima County BOCC Resolution City of Yakima Resolution City of Ellensburg Resolution Roza Irrigation District Resolution Sunnyside Valley Irrigation District Resolution Yakima-Tieton Irrigation District Mr. Greg Schuler Washington State Department of Ecology 101 East Yakima Avenue Yakima, WA 98902 Dear Mr. Schuler: In accordance with your request, "Opt -Out" letters for Kittitas County have been individually authorized and prepared by each Initiating Government of the Yakima Basin. This joint letter, individually signed by each of the Initiating Governments, forwards these documents to Ecology prior to the currently scheduled (November 2, 2005) Joint Session of the BOCC's of Benton, Klickitat and Yakima Counties, at which the Plan is expected to be approved. Sincerely, , Ron Gamache, Chair, Yakima County BOCC , Claude Oliver, Chair, Benton County BOCC , Donald Struck, Chair, Klickitat County BOCC , Richard A. Zais, Jr., City Manager, City of Yakima , Ed Barry, Mayor, City of Ellensburg , Ron VanGundy, Roza Irrigation District , Don Schramm, Sunnyside Valley Irrigation District , Rick Dieker, Manager, Yakima-Tieton Irrigation District CC: Kittitas County BOCC Attachments: Resolution Benton County BOCC Resolution Klickitat County BOCC Resolution Yakima County BOCC Resolution City of Yakima Resolution City of Ellensburg Resolution Roza Irrigation District Resolution Sunnyside Valley Irrigation District Resolution Yakima-Tieton Irrigation District Kittitas County, Washington RECEIVED CITY OF YA KI MA y BOARD OF COUNTY COM ISSIT I§05 QQ� �.�►�f' District One District Two KITTITAS COUNTY David B. Bowen Alan Crankovich September 13, 2005 City of Yakima City Council 129 N. 2nd Street Yakima , WA 98901 District Three Perry D Huston OFFICE OF CITY COUNC In this letter the Kittitas County Board of County Commissioners will clear up several points that seem to be at question in the minds of several key participants of the watershed planning process. It is our hope that by clearing up the confusion we can facilitate everybody taking what they consider to be the best path in terms of adopting a watershed plan they believe will best serve the people they represent. Kittitas County has decided to withdraw from the watershed plan and leave the way clear for Benton, Klickitat, and Yakima counties to adopt it if they wish to do so under the banner of the 2514 process. The alternative is we veto the plan which would then end the adoption process for all. It is not our desire to do that. I remind everyone that we have come to this point after a decision by the joint board to review amendments we asked be presented to the planning unit. Kittitas County made the deadlines presented and responded to budget projections ranging from $3000.00 to $20,000. Subsequent to the decision made in joint session two counties made individual decisions to not send the proposed amendments to the Planning Unit. A strict interpretation of the law would at this point leave the planning process dead. Again, we don't desire to do this as it would hamper the ability of other elected officials to make the decisions they believe appropriate. The initiating governments have no role in the adoption process. The plan is out for adoption which leaves it in the hands of the four (4) counties. The Kittitas Board of County Commissioners will not accept or consider a decision for or against our decision to opt out, by any of the initiating governments. We remind everyone that our decision was made at the conclusion of a properly noticed public hearing. Any protest from interested parties should have been made there. We feel compelled to point out that some members of the initiating governments seem to have come full circle on the issue of Kittitas County withdrawing from the process. Mr. Dieter and Mr. Sims are on record as believing Kittitas had withdrawn some time ago which left the way clear for the Tri -County Water Resource Agency to continue on in violation of the sunset clause in the inter -local agreement. They and others made this determination without benefit of any written request from us and without a concurrent decision by their respective boards/councils. I assume I may now consider their recent comments as a public admission that Kittitas County had not previously withdrawn and in fact they supported the continuation of the Tri -County Water Resource Agency in violation of the inter -local agreement FOB COUNCIL INFORMATION DATE: G1'/2-e`d: KITTITAS COUNTY COURTHOUSE 205 WEST 5t , RM 108 ELLENSBURG, WA 98926 (509) 962-7508 • FAX (509) 962-7679 Kittitas County has consistently approached the watershed process in good faith. We have made consistent assertions and decisions that have been embraced by two different Boards of County Commissioners. We are trying to avoid doing what you have consistently accused us of which is obstructing your ability to adopt the plan if you wish to do so. Assist as in realizing our objective. My Board is available November 2nd to attend a joint meeting in Yakima. We await the opportunity to meet with our fellow commissioners and make the decision that opens the way to everyone serving the public in the manner they believe to be the most appropriate. Sincerely, KITTITAS COUNTY COMMISSIONERS Perrv'D. HusA7-;t-4- ton-Chair David B. Bowen -Vice Chair Alan Crankovich-Commissioner KITTITAS COUNTY COURTHOUSE • 205 WEST 5th , RM 108 ELLENSBURG, WA 98926 (509) 962-7508 • FAX (509) 962-7679 Watkins, Linda Subject: FW: FINAL Notice Jnt hearing Original Message From: "David Bowen" <david.bowen@co.kittitas.wa.us> To: "Phil Mees" <phil_mees@co.benton.wa.us>; "Claude Oliver" <claude_oliver@co.benton.wa.us>; "Leo Bowman" <leo_bowman@co.benton.wa.us>; "Max Benitz" <max_benitz@co.benton.wa.us>; "Kittitas County Commissioners Office" <bocc@co.kittitas.wa.us>; "Perry Huston" <perry@co.kittitas.wa.us>; <BOCC@co.klickitat.wa.us>; <CrisM@co.klickitat.wa.us>; <jesse.palacios@co.yakima.wa.us>; <Mike.Leita@co.yakima.wa.us>; <ronald.gamache@co.yakima.wa.us> Cc: <BSims36095@aol.com>; <klarichcj@aol.com>; <Ron@bentonrea.com>; <willardj@bentonrea.com>; <dbrown@ci.yakima.wa.us>; "Terry Marden" <terry_marden@co.benton.wa.us>; <DaveM@co.klickitat.wa.us>; <jim.milton@co.yakima.wa.us>; <joel.freudenthal@co.yakima.wa.us>; <GRSC461@ECY.WA.GOV>; <lillquis@kvalley.com>; <Rvangundy@roza.org>; <trullj@svid.org>; <jim@wrm4water.com>; <RickDieker@yvn.com> Sent: Thursday, September 01, 2005 8:46 AM Subject: RE: FINAL Notice Jnt hearing Good Morning Everyone, I did a little research last night and this morning and can confirm that the resolution passed by the KCBOCC on August 2nd and a cover letter written August 23rd was forwarded to the Benton and Yakima County BOCC. We did not include the Initiating Government's in the mailing with the understanding that the four counties were the entities required by statute to consider and act on opt out decisions/requests. Klickitat had also indicated their desire to opt out so they were not contacted either. If Greg Schuler (DOE) and the Initiating Governments feel they are required to ratify the opt out then we would welcome a response from them as well. For those entities that are interested I have attached the Resolution and cover letters for your viewing pleasure and potential action from your respective boards. Thank you all for your time and consideration Sincerely, David B. Bowen Kittitas County Commissioner District #1, Vice Chairman 205 West 5th Avenue, Suite 108 Ellensburg, WA 98926 (509) 962-7508 office (509) 962-7679 fax Original Message From: Phil Mees [mailto:phil_mees@co.benton.wa.us] Sent: Wednesday, August 31, 2005 3:07 PM To: Claude Oliver; Leo Bowman; Max Benitz; Kittitas County Commissioners Office; David Bowen; Perry Huston; BOCC@co.klickitat.wa.us; CrisM@co.klickitat.wa.us; jesse.palacios@co.yakima.wa.us; Mike.Leita@co.yakima.wa.us; ronald.gamache@co.yakima.wa.us Cc: BSims36095@aol.com; klarichcj@aol.com; Ron@bentonrea.com; 1 willardj@bentonrea.com; dbrown@ci.yakima.wa.us; Terry Marden; DaveM@co.klickitat.wa.us; jim.milton@co.yakima.wa.us; joel.freudenthal@co.yakima.wa.us; GRSC461@ECY.WA.GOV; lillquis@kvalley.com; Rvangundy@roza.org; trullj@svid.org; jim@wrm4water.com; RickDieker@yvn.com Subject: FINAL Notice Jnt hearing The Joint BOCC hearing on the YWP is now scheduled for 10:00 a.m. in the Yakima County Board of Commissioner's Hearing Room on November 2, 2005. Please all Initiating Governments, take your formal action ASAP to concur (or not) with Kittitas County's Resolution to opt -out. As we understand it at this point, all IGs are intending to concur. Check with Greg Shuler of WA Dept. of Ecology on what the form the "action to concur" should be, and to whom it should be sent (i.e., Klickitat Co. or WDOE with a copy to either). Chairman Huston has asked for a specific response from Yakima and Benton Counties on the opt -out. As I understand it, from this point on, Jim Milton will take care of the Public Notice, coordination and Administrative requirements (Agenda, Minutes, etc.) for the Jnt Hearing. I will send a reminder Notice of the Hearing to you all in late October. Thank you all for your patience in setting this up. August 23, 2005 Kittitas County, Washington BOARD of COUNTY COMMISSIONERS District One David B. Bowen Commissioner Mike Leita Commissioner Ron Gamache Commissioner Jesse Palacios 128 N. 2nd Street Yakima, WA 98901 District Two District Three Alan Crankovich Perry D. Huston Re: Kittitas County's intent to Opt -out of the Yakima River Basin Watershed Plan Dear Commissioners, On August 2, 2005 the Kittitas County Board of County Commissioners approved Resolution 2005400 of which a copy is attached. This resolution outlines the position of Kittitas County in regards to the Yakima River Basin Watershed Plan and formally indicates the intent of Kittitas County to Opt -out of the plan pursuant to RCW 90.82.130 (2)(c). The resolution cited above authorized me, as Chairman, to notify you of Kittitas County's intent to opt -out of the plan and to seek your recognition and consent to opt - out. As such, please accept this letter as our notification to you and a formal request for specific acknowledgement from Yakima and Benton County regarding this action. Thank -you for your assistance in helping us bring this matter to conclusion. On behalf the Kittitas County Commissioners, we look forward to your response. Sincerely f Perry Huston, Chair Kittitas County Commissioners District #3 Attachment: Resolution 2005-100 KITTITAS COUNTY COURTHOUSE • 205 WEST 5th , RM 108 • ELLENSBURG, WA 98926 (5091 962.7508 • FAX (5091 962-7679 BOARD OF COUNTY COMMISSIONERS COUNTYOF KITTITAS STATE OF WASHINGTON RESOLUTION ACKNOWLEDGING THE INTENT OF KITTITAS COUNTY TO "OPT OUT" OF THE YAKIMA RIVER BASIN WATERS H N;D PLAN RESOLUTION NO. a2t55—/ 7 WHEREAS, The draft Watershed Management Plan Yakima River Basin was released for public review and comment by the Yakima River Basin Watershed Planning Unit in January of 2003 ; and WHEREAS, This draft plan was a multi jurisdictional effort involving Kittitas, Yakima and Benton Counties; and WHFREAS, The Kittitas County Board of Commissioners have consistently expressed concern regarding elements of the document following its release in 2003; and W H HREAS, The Kittitas County Board of Commissioners did on April 19, 2005 send a letter to the Chairman of the Yakima County Board of Commissioners with copies to the Benton County Board of Commissioners and Klickitat County Board of Commissioners seeking resolution to the outstanding issue of adoption of the draft plan; and WHEREAS, The Yakima County Board of Commissioners responded by letter dated May 3, 2005 indicating a desire to seek resolution of the plan but indicated that any changes to the plan would be at the sole expense and effort of Kittitas County, and WHEREAS, The Kittitas County Board of Commissioners conducted apublic hearing regarding the plan on May 17, 2005 at which time the Board of Commissioners heard testimony which identified significant concerns regarding the plan and with specific emphasis regarding the extent the plan would obligate the Commissioners to impose regulatory action; and WHEREAS, Following the public hearing the Kittitas County Board of County Commissioners directed staff to work with the Department of Ecology to develop a document consistent with RCW 90.82.130(2)(c), allowing Kittitas County to "Opt Out" of any and all obligations and/or ___r_eap_onsibi,liti_es,_reaLor_ mplied,_in assaciation_ofthe Watershed_Management_P_lan Yakima River___ Basin; and 1 WHEREAS, The Board of County Commissioners declared their intent to develop a Watershed Plan for WIRA 39 consistent with the requirements of Chapter 90.82 RCW. NOW THEREFORE, BE IT HEREBY RESOLVED by the Board of County Commissioners of Kittitas County, Pursuant to RCW 90.82.130 (2)(c), that Kittitas County has elected to "Opt Out" of any and all obligations/responsibilities, real or implied in association with the Yakima River Basin Watershed Plan developed under Chapter 90.82 RCW. This Opt Out pertains to both the existing plan if approved by the other County Jurisdictional authorities within the Yakima River basin and any subsequent revisions or amendments to the plan. The Yakima River Basin Watershed Plan has been developed for Water Resource Inventory Areas (WRIA) 37, 38 and 39. The jurisdictional boundaries of Kittitas County encompass lands within WRIA 39 and to portions of lands in the northern part of WRIA 38. This Opt Out applies in both of these geographic areas. Kittitas County intends to develop a. plan consistent with the requirements of Chapter 90.82 RCW for and exclusive to WIRA 39. This Opt Out should not be construed to limit the ability of organizations, such as Conservation Districts or Irrigation Districts, from cooperating with other entities within the Yakima Basin to achieve a balance between environmental protection, appropriate management and beneficial use of the basin's water resources. All activities of this nature must be consistent with Kittitas County's Comprehensive Plan and in compliance with all applicable local rules and regulations when conducted within the jurisdictional boundaries of Kittitas County. The local jurisdictional authorities of Kittitas County in cooperation with interests potentially affected by water resource management activities within the county intend to develop a water resources management plan specifically for Kittitas County and WIRA 39. It is the County's intent to develop such a plan consistent with the goals and objectives of Chapter 90.82 RCW. The County intends to use applicable portions of the Yakima Basin Watershed Assessment and may elect to use strategies identified within the Yakima River Basin Watershed Plan as appropriate. The Kittitas County effort will also seek input, review and involvement by appropriate local and state agencies to help ensure that the final plan is implementable and founded on cooperation _The plan when completed will be implemented in accordance with local jurisdictional authority. BE IT FURTHER RESOLVED that Kittitas County is requesting recognition of and consent to this Opt Out from the jurisdictional authorities of Yakima and Benton Counties and the other initiating governments because the lands of Kittitas County encompass greater than 5% of the lands covered by the Yakima River Basin Watershed Plan. Additionally, Kittitas County is requesting specific acknowledgement from Yakima and Benton Counties with regard to how "Opt Out" is defined within this resolution. The Board authorizes the Chairman of the County Commissioners to seek' this recognition by informing the parties to the plan by letter of this action and requesting a formal response. 2 DATED this 2' day of August 2005, at Ellensburg, Washington. t,1‘ UMAyj/ss s,,Ae k _4. - 721 "mayo. . 0 Z :d'a H ° "e, CO• ctf‘l'tie Board APPROVED AS TO FORM: f gory L. Ze p secuting Attorney WSBA #19125 3 BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON D. Huston, Chairman DavidB Bowen, Vice -Chairman Alan Crankovich, Commissioner ITEM TITLE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 1 For Meeting of October 4, 2005 Resolution affirming Kittitas County's decision to opt -out of the Watershed Management Plan Yakima River Basin and directing the City Manager to execute necessary and appropriate documents. SUBMITTED BY: David Brown, Water/Irrigation Manager Dave Zabell, Assistant City Manager CONTACT PERSON/TELEPHONE: David Brown, 575-6204 SUMMARY EXPLANATION: Kittitas County has elected to withdraw (opt -out) from the Watershed Management Plan Yakima River Basin (Plan). The remaining counties; Yakima, Benton and Klickitat can still work jointly and consider adopting the Plan. The Counties have scheduled a joint meeting on November 2, 2005 in the Yakima County Commissioners Chambers. Greg Schuler from the Department of Ecology has advised that the laws governing the Watershed Plan adoption process require the original initiating governments approval (of the watershed planning process) for an entity to opt -out of the process. Resolution X Ordinance Contract _ Other (Specify) Mail To: Jim Milton; TCWRA; 2301 Fruitvale Blvd. Yakima, WA 98902 Funding Source: APPROVED FOR SUBMITTAL: _- City Manager STAFF RECOMMENDATION: Adopt resolution and authorize City Manager to sign attached letter to the Department of Ecology. COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2005-152