HomeMy WebLinkAbout5.479 Original Contract
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Filed at the Request of:
2005 AUG 3D Mi 9: 07 .
City of Port Angeles
City Clerk's Office
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2005 1163932 ~~~~;
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Interlocal Agreement
City Clerk File No.: 5. L/11
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INTERGOVERNMENTAL AGREEMENT
REGARDING LOCAL WATERSHED PLANNING
FOR THE EL WHA-DUNGENESS BASINS
(WRIA 18)
TIllS AGREEMENT is entered into by and between Clallam County, hereinafter called
the "County", the Lower Elwha Klallam Tribe, hereinafter called the "Elwha Tribe", the
Jamestown S'Klallam Tribe, hereinafter called the "Jamestown Tribe", the Agnew Irrigation
District, hereinafter called the "District", and the City of Port Angeles, hereinafter called the
"City" .
WHEREAS, HB 2514 (Chapter 90.82 RCW) provides authority for local watershed planning
for waters and water rights under state jurisdiction and directions for the initiation of planning and
eligibility for grant funds, and Chapter 39.34 RCW provides authority for governmental entities to
exercise their respective powers jointly by intergovernmental agreements; and
WHEREAS, watershed planning under HB 2514 includes representation by a wide range of
water resource interests in the investigation and planning of actions relating to water quantity, water
quality, habitat restoration, and instream flows, and the identification of projects and activities to
protect water resources and improve natural resource management; and
WHEREAS, HB 2514 provides that watershed planning may only be initiated with the
concurrence of:
1. all counties in the Water Resource Inventory Area ("WRIA"); and
2. the largest city or town within the WRIA; and
3. the water supply utility obtaining the largest quantity of water from the WRIA;
and
WHEREAS, under HB 2514, Tribes with reservation lands within the management area are
required to be invited to participate as an initiating government; and
WHEREAS, the Elwha-to-Dungeness Basins have been designated by the State as WRIA
18; and
WHEREAS, Jefferson County occupies a small portion ofWRIA 18 within the Olympic
National Park and is assigning its responsibilities for watershed planning within WRIA 18 to
Clallam County; and
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WHEREAS, the initiating governments designated by Section 2 of HE 2514 for WRIA 18
are the County, the City, the Elwha Tribe, the Jamestown Tribe, and the District, (collectively, the
"Initiating Governments"), and
WHEREAS, other interested parties who are anticipated to take an active role in watershed
planning for WRIA 18 include, but are not limited to, the Dungeness River Management Team, the
Clallam County Public Utility District, the City of Sequim, Olympic National Park and other water
districts and irrigation districts which use waters of the major streams in the basin, and
WHEREAS, under HE 2514, after the County, City and District initiate watershed planning
and invite the Tribes to participate, they must designate a lead agency and indicate how the planning
unit will be staffed.
NOW, THEREFORE, the initiating governments agree as follows:
1 Formation of Elwha-Dungeness Coordinating Council. The initiating governments
hereby establish a new body, hereafter called the Elwha-Dungeness Coordinating Councilor" the
Council", to serve as lead agency for the watershed planning process The Council shall provide
for staffing of the watershed planning effort, management of grant funds, resolution of disputes
regarding interim decisions, and a public hearing process. The Council shall consist of one elected
official and one staff representative from each of the five initiating governments. The five elected
officials shall be the voting members of the Council, provided that a staff representative may vote
in the absence of the respective elected official.
2. Funding and Accounting
a The Council is authorized to apply for and accept grants in the name of the Council
and to utilize existing grant funds and appropriations for the purposes specified
herein.
b. The Council's funds shall be retained in a special account established by the County
Treasurer to be known as the WRIA 18 Watershed Planning Account All sums
received by the Council shall be placed in and disbursed from that account, The
County Treasurer shall be the custodian of the account, and the County Auditor shall
keep record of the receipts and disbursements The County Auditor shall draw and
the County Treasurer shall honor and pay all warrants, which shall be approved
before issuance and payment as directed by the Council.
c The County Department of Community Development shall keep full and complete
accounts of the costs incurred in connection with the planning process and shall
report to the Council monthly regarding the accounting of revenues and
expenditures.
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d. The Council shall not acquire real property. Any personal property acquired for use
by the Council shall be acquired jointly in the name of the Council and shall be sold
or equitably divided among the initiating governments upon the termination of this
agreement
3 Staffing of Planning Process. Staffing of the planning process shall be as follows'
a For the area from the eastern boundary of WRIA 18 to and including
Bagley Creek, including the Dungeness River basin, by the Clallam
County Department of Community Development and the Jamestown
Tribe;
b F or the area including Morse Creek to the western boundary of
WRIA 18, including the Elwha River basin, by the City of Port
Angeles Planning Department and the Elwha Tribe.
c The Council may utilize the staff and resources of the Initiating Governments to
organize and administer the planning processes for the Dungeness and Elwha Rivers
and streams in between and may hire consultants or additional staff to perform
various functions related to the watershed planning process.
4. Scope of Planning.
a. The initiating governments agree that effective watershed planning cannot take place
without sufficient scientific data to support informed decision making To achieve
this the initiating governments with technical assistance from state and federal
natural resource agencies will scope, design and include in the scope of work for
each planning team scientific studies which provide an acceptable level of certainty
concerning all the surface and ground water quality and quantity requirements of the
ecosystems and water users in the affected watershed
b. WRIA 18 shall be divided into two geographic planning areas; the areas from the
eastern boundary of WRIA 18 to and including the Bagley Creek watershed
including the Dungeness River basin, hereafter called the "Dungeness Planning
Area" and the area from and including the Morse Creek watershed to the western
boundary ofWRIA 18, including the Elwha River basin, hereafter called the "Elwha
Planning Area" The initiating governments located in each area will determine the
scope of planning for that area
c. The Dungeness River was included in the previous watershed planning process and
many of the elements of planning under HB 2514 have been addressed for this
portion of WRIA 18 in the Dungeness Quilcene Water Resources Management Plan
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(1994). It is not the intent of the initiating governments to repeat, overturn, or delay
implementation of technical studies, management recommendations and water use
agreements which were included in the Dungeness-Quilcene Water Resources
Management Plan The planning process for the Dungeness area shall include, at a
minimum, a supplemental groundwater assessment for the Dungeness River basin
d. The Elwha River was included in a previous watershed planning process leading to
the Elwha River Ecosystem and Fisheries Restoration Act (Public Law No 102-495)
and implemented by the Department of the Interior in a Secretarial Report to
Congress two environmental impact statements and a Record of Decision. Planning
carried out under this agreement shall compliment, not reopen or otherwise
prejudice, that preexisting and ongoing process. The planning process for the Elwha
Area shall include, at a minimum, water supply assessment under Section 3 of
HB2514 for the Morse Creek to Elwha River portion of WRIA 18, provided that no
estimate of the surface and ground water available for further appropriation may be
completed without determining and preventing the adverse effects of further
withdrawals on stream temperatures and other ecological values and provided further
that no assessment shall operate to set interim flows without following the
procedures set out in Section 4 of HB 2514.
e It is expected that water quality and habitat studies will be completed for WRIA 18
to the extent funds are made available at a later time for this purpose, with the goal
of planning for the restoration of native Chinook salmon runs in WRIA 18
5. Organization of Planning Unit and Planning Teams The Council shall cause to be
organized a comprehensive public outreach program for the purpose of soliciting all parties of
interest to participate in the watershed planning process as members of the planning unit Once the
planning unit is formed, the Council shall provide for the planning unit to be divided into two
planning teams One planning team shall be responsible for the watershed planning process for the
area from the eastern boundary of WRIA 18 to and including Bagley Creek, including the
Dungeness River basin, and shall be called the "Dungeness Team". Unless otherwise agreed, the
Dungeness River Management Team established by Clallam County Commissioners Resolution No
104, 1995, and Jamestown S'Klallam Tribe Resolution No. 44-95, and modified by joint agreement
of designated County and Tribal officials shall serve as the Dungeness Team The other team shall
be responsible for watershed planning for the area including Morse Creek to the western boundary
ofWRIA 18, including the Elwha River basin, and shall be called the "Elwha Team"
6 Plan Preparation. The process adopted by the Council for plan preparation shall.
a Provide that interim decisions during the planning process on plan development
activities be reached by a consensus process The parties agree that the term
"consensus" as used in HB 2514 and this agreement means "unanimous agreement".
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b. Provide that the planning teams will develop and/or revise their respective watershed
plans upon availability of appropriate funding, which plans will then be referred to
the planning unit for its approval
c Provide that the proposed watershed plan approved by the planning unit shall be
referred to the Council for public hearings and that the Council shall provide a report
on the public hearings and its recommendation to the Initiating Governments'
legislative authorities for the approval process provided in Section 9 of HB 2514
7. Water Rights Disclaimer. Nothing in this Intergovernmental Agreement nor any
report, study, or other product resulting from the watershed planning process or any other activity
under this agreement shall impair any treaty, water, or other right of an Indian tribe or its members
under any applicable law or any water or other rights of any other entity or person under any
applicable law Any "estimate" or other plan element which affects such rights shall be created as
an "obligation" for the purposes of Section 9 ofHB 2514 Effective watershed planning cannot
include negotiation or non-judicial determination of water rights. To avoid determining ecosystem
needs in a non-scientific adversarial setting, and to avoid exposing the watershed planning process
to the uncertainty and delay involved in legal challenges, the initiating governments agree to address
water supply and use in each affected watershed in such a way that water rights and the due process
rights of their holders are in no way compromised. At a minimum, this requires that "estimates"
of water claims and rights not be included in the administrative record, that water rights not be
determined or compromised in the course of watershed planning, and that any "assessment" under
Section 3 of HB2514 not foreclose instream flow setting under Section 4.
8. Evidence Clause. No discussions, drafts, proposed agreements or offers of
compromise made solely for the purpose of this watershed planning process will be admissible as
evidence in any court or administrative proceeding
9. Effective Date/Term of Agreement
a. This Agreement shall be effective immediately upon its execution by all initiating
governments.
b. This Agreement shall terminate four (4) years from the date of execution unless
extended by written agreement of the initiating governments prior to such date. The
Agreement may be terminated earlier upon mutual agreement of the initiating
governments. Upon termination, all unexpended funds shall be disbursed as decided
in writing by the initiating governments, provided that the County shall first certify
to the initiating governments that such disbursement complies with the terms of all
applicable grants, laws and accounting principles relating to the expenditure of
public funds.
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& The parties shown below have executed this Intergovemment Agreement thi~y of
~ ' 1998, on one or more originals .
LOWER EL WHA KLALLAM TRIBE
BOARD OF CLALLAM COUNTY
COMMISSIONERS
By' Nl1T PREsENT JD/aD/t;g
Carole Y. Boardman, Chairperson
By: ~~ ~fuQ. .
Phihp Kitchel; Commissioner
By .~~ -R/ j-JJ
Martlia M Ireland, Commissioner
A \WATERAGR
08/05/98
JAMESTOWN S'KLALLAM TRIBE
CITY OF PORT ANGELES
By ~~f~~ ~l ~~ --.
Gary\Brau , Mayor -
AGNEW IRRIGATION DISTRICT
By' /J11.
Mike J eldness,
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PlANNJ DmRMNT
From:
Anne Soule, Clallam County
Brad Collins, City of Port Angeles
Mike Jeldness, Agnew Irrigation District
Carol Brown, Lower Elwha Klallam Tribe
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Ann SeIter, Natura Resources Dtrector ---f"\ fV"
To:
Subject:
Signature Page - lnterlocal Agreement
Date:
December 10, 1998
Enclosed please find your organization's copy of the original signature page of the interlocal
agreement for watershed planning in WRIA 18.
Also enclosed for your information is a copy of the Jamestown S'Klallam Tribal Council
Resolution approving the interlocal agreement and designating representatives.
Have a happy holiday season!
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RESOLUTION # 52-98
WHEREAS, the Jamestown S'Klallam Indian Tribe has been Federally acknowledged by the
Secretary of the Interior of the United States of America on February 10, 1981; and
WHEREAS, the Jamestown S'Klallam Tribal Council is the governing body of the Jamestown
S'Klallam Tribe in accordance with its Constitution adopted on November 19, 1983, and conducted by the
Bureau ofIndian Affairs following Part 81 of the Code of Federal Regulations; and
WHEREAS, the health, safety, welfare, education, and regulation of treaty fishing, hunting, and
gathering practices of the Indian people of the Jamestown S'Klallam Tribe is the responsibility of the
Jamestown S'Klallam Tribal Council; and
WHEREAS, the Jamestown S'Klallam Tribal Council previously adopted Resolution #21-90 on
May 4, 1990, supporting cooperative planning of water resources with the State of Washington on a
govemmenHo-government basis, and Resolution #32-94 on June 2, 1994 supporting the Dungeness-
Quilcene Water Resources Management Plan and committed to work toward plan implementation; and
WHEREAS, the 1998 Washington State Legislature has adopted ESHB2514 which provides for
watershed planning at the level of a Water Resource Inventory Area (WRIA); and
WHEREAS, Clallam County has received funds under the auspices of ESHB25 1'4 to conduct
organizational and assessment phases in WRIA 18 (Elwha-Dungeness) and has invited the Jamestown
S'Klallam Tribe to participate in WRIA 18 watershed planning as an initiating government; and
WHEREAS, representatives from the initiating governments in WRIA 18 (Jamestown S'Klallam
Tribe, Lower Elwha Klallam Tribe, Clallam County, City of Port Angeles, and Agnew Irrigation District)
have prepared an interlocal agreement to specify the organization and scope for the WRIA 18 watershed
planning process;
NOW THEREFORE BE IT RESOLVED, that the Jamestown S'Klallam Tribe will accept the
invitation to participate in watershed planning and approve the, "Intergovernmental Agreement Regarding
Local Watershed Planning for the Elwha-Dungeness Basins (WRIA 18)" with the other initiating
governments under the following conditions:
I. There will be no planning involving on-reservation water rights unless otherwise
determined by the Tribe.
2. The Tribe shall have the right to withdraw from the planning process at any time. All
parties agree that, if the Tribe withdraws, it shall not be deemed to be a party to any plan or
agreement produced pursuant to ESHB2514 and shall not be bound thereby.
3. The purpose of establishing instream flows for the Tribe is to sustain our historical
ceremonial, subsistence and commercial needs to carry out our treaty-reserved fishing
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Jamestown S'KlaIlam Tribe
Resolution No. 52-98
rights. The planning unit shall not set in stream flows under state law if such flows are
inconsistent with recommended flows under the Dungeness-Quilcene Water Resources
Management Plan unless agreed by the affected tribes and appropriate state agencies.
4. This process shall not preclude the Washington Department of Ecology from proceeding
immediately with rule-making for the implementation of the Dungeness-Quilcene Water
Resources Management Plan, including the establishment of a minimum instream flow for
the Dungeness River consistent with the Dungeness-Quilcene plan.
BE IT FURTHER RESOLVED that the Jamestown S'Klallam Tribe will not define or identify a
specific quantity of water that constitutes the Tribe's treaty or legal water rights. The Tribe reserves their
treaty right to any and all waters required to produce a harvestable number offish sufficient to meet
ceremonial, subsistence, and commercial needs in order to carry out its treaty fishing right reserved under
the Treaty of Point No Point. Further the Tribe reserves their judicial, statutory, and equitable rights to any
and all waters sufficient to meet the changing needs of our tribal members in fulfilling the purposes of the
Jamestown S'Klallam Reservation
BE IT FURTHER RESOLVED that the Jamestown S'Klallam Tribal Council authorizes elected
officials W. Ron Allen, Tribal Chairman, or Sandra Ehrhom, Vice-Chairwoman; and staff representatives
Ann Seiter, Natural Resources Director, or Linda Newberry, Water Resources Coordinator, to enter into
watershed planning discussions on behalf of the Tribe within the parameters outlined in this Resolution and
Resolution No. 21-90. \
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W. Ron Allen, Tribal Chairman
CERTIFICATION
I, Matthew C. Adams, Treasurer of the Jamestown S'Klallam Tribal Council of the Jamestown S'Klallam
Tribe, do hereby certify that the foregoing resolution was formally adopted at a meeting of the Jamestown
S'Klallam Tribal Council held on October 9, 1998, at the Jamestown S'Klallam Tribal Office in Blyn,
Washington, and where a quorum was present and approving the resolution by a vote of 5 FOR and
.JLAGAINST with-LABST AINING.
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Matthew C. Adams, Tribal Council Treasurer
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