How Does Water Figure into Land Use Planning?

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1 Please seek authorization from the presenter of this presentation before using individual slides/graphics How Does Water Figure into Land Use Planning? Mark Personius Long Range Planning Manager Whatcom County

2 GMA (RCW 36.70A) & WMA (RCW 90.82) Parallel Laws on Perpendicular Course Fundamental supply and demand planning question: Is there enough water to accommodate existing and future needs? GMA World Lens (GMA Comprehensive Plan) Urban Growth Areas (cities and towns and major industrial areas like Cherry Point) accommodate majority of future growth Rural Lands (+ LAMIRDs) protect rural character while providing opportunities to live and work in rural areas Natural Resource Lands (agricultural, forest and mineral resource lands) protect long-term economic integrity WMA World Lens (WRIA 1 Watershed Management Plan) Water quantity Instream flows Water quality Fish habitat

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5 Implications for Water in GMA Planning Requirement to plan to protect the environment and enhance quality of life, including water quality, and the availability of water. RCW 36.70A.020(10) Public facilities, which include domestic water systems, must be adequate to serve the development at the time the development is available for occupancy and use. RCW 36.70A.020(12) Requirement to provide for protection of the quality and quantity of groundwater used for public water supplies..where applicable,..review drainage, flooding, and storm water run-off...and provide guidance for corrective actions to mitigate or cleanse those discharges that pollute waters of the state, including Puget Sound or waters entering Puget Sound. RCW 36.70A.070(1) Protect critical areas, including critical aquifer recharge areas. RCW 36.70A.060

6 Implications for Water in Rural GMA Planning The rural element shall include measures that.protect the rural character of the area, by.. [p]rotecting critical areas..and surface water and groundwater resources. RCW 36.70A.070(5)(c)(iv) Rural character refers to patterns of land use and development.. consistent with the protection of natural surface water flows and groundwater and surface water recharge and discharge areas. RCW 36.70A.030(15)(g) Most recent GMA appeal focuses on whether the County is adequately protecting water quantity and quality in rural areas. Futurewise, et al. v. Whatcom County, GMHB Case No.: c 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)

7 What s Coming More of the Same Water and land are both scarce resources in high demand that come with certain rights Population and employment growth OFM Medium Projection another 70,000 people in next 20 years? Legal battles over: water rights and availability of water for beneficial use growth management strategies to accommodate future growth water quality impacts from agricultural activities and residential development habitat protection for ESA threatened species in the Nooksack

8 The Long Range Planning View Look out years Achieve common understanding of the big picture issues before focusing on solutions Conduct and evaluate applicable scientific research Engage and educate stakeholders and decision-makers Integrate decision-making process with research and findings Must be adaptive to changing economics, markets, customs and impacts

9 How to Deal with This Adaptive Management Acknowledge that change will happen and Adapt our land and water use management behavior to balance our needs with available resources Integrate watershed-based incentive and regulatory approaches to water and growth management at the watershed level Adapt regulatory approaches to reflect the marketplace for land and water use incentives to achieve outcomes we want on working lands : Growth management address issues of economic competition and compatibility between agricultural uses and residential uses on rural and resource lands and protection of critical areas Water management address competition for water supply between in-stream and out-of-stream water users.

10 Measures Already Being Implemented WRIA 1 Watershed Monitoring Program (State of the Watershed Reports) Lower Nooksack Water Budget Study (2012) Watershed Improvement Districts (2) Comprehensive Water Resource Integration Project (Water Resource Project List) Water Resource Protection Overlay Districts (4) Shellfish Protection Districts (3) Pilot study on Ag-Watershed Natural Resources Marketplace Lake Whatcom TMDL Phosphorous Removal Measures Low Impact Development (new DOE Stormwater Manual and NPDES Phase II areas) Local Integrating Organization (LIO) coordination with Puget Sound Partnership Purchase of Development Rights (sensitive ag. watersheds)

11 Next Steps for Land Use and Water Planning Resolve current GMA appeals Initiate 2016 GMA Comprehensive Plan Update Review and evaluate existing plan policies and regulations Re-engage WRIA 1 Planning Unit Review and evaluate Watershed Management Plan Lower Nooksack Groundwater Study Update Coordinated Water System Plan Develop long-range Water Supply Plan