Clallam County Commissioner Jim McEntire has asked the Washington Department of Ecology to take another look at its Dungeness Water Management Rule, which is expected to be formally proposed on May 9.

Earlier drafts have called for the creation of a water bank. McEntire said that may be unnecessary.

Among other items, the new rule is expected to require those building within the affected area to pay to “mitigate” for the water they withdraw from a new well. They will have to pay more for water for use outside the home.

The rule also will require anyone making a “new use” of an existing water supply to mitigate its use.

“Mitigation” is accomplished with the help of a water bank, which also is called a water exchange.

Ecology says the bank facilitates water right transactions between buyers and sellers, pooling water supplies from willing sellers and offering “credits” for sale to willing buyers.

In his letter to Ecology Director Ted Sturdevant, McEntire wrote, “The next 20 years will see a cumulative impact to groundwater of less than 2 cubic feet per second in the aggregate — an insignificant amount.”

“The state capital budget can support purchase or lease of additional … groundwater withdrawal mitigation, obviating the need for a local water bank,” McEntire said.

He noted that the Washington Legislature recently appropriated $2.25 million for several watersheds in the Skagit basin.

“We need the opportunity to work with you and our legislative delegation to devise a different way to mitigate future water use,” McEntire said.

McEntire added that it is “critically important” for the rule to “be able to be enacted quickly, fairly, and without ambiguity, so that your agency will not be tied up in court fighting one lawsuit after another, causing extended periods of economic uncertainty for our county. Unfortunately, I believe the current path toward the draft rule being followed at this time is destined to fail most all of the aforementioned framework goals.”

Majority demurs

During their work session, Tuesday, May 1, McEntire asked his two fellow commissioners to consider signing the letter and presented them with a draft.

Commissioner Mike Doherty expressed his reservations, saying, “There’s been this momentum — now we’re asking to reverse their movement. They’ve been working on this for years.”

Doherty noted that officials with the county and Ecology have provided numerous opportunities to comment on the rule. He said it was “a little late in the game” to send the letter.

McEntire said unless the county finds state funding, a small subset of the population will be required to pay for the rule. Those who are on larger water supply systems, including municipal and county water supply systems, are exempt from the rule, he said.

Commissioner Mike Chapman said asking the state to purchase the mitigation is possible, but said it is unlikely the county would be successful in seeking the funds. He said the recent funding for the Skagit was achieved by the area’s powerful senator.

Chapman added that his primary concern lay only in the letter’s assertion that a water bank isn’t needed. He said the county should ask for the opportunity to explore the possibility of state funding before asking the state to abandon the idea of a water bank.

“I’m a little hung up on slamming the door,” he said.

Doherty agreed he had no objection to asking Ecology to “look at another way.”

In the end, Doherty and Chapman declined to sign the letter.

If approved, the rule would affect much of rural eastern Clallam County.

Reach Mark Couhig at mcouhig@sequimgazette.com.