Loading...
HomeMy WebLinkAbout4.16 Original ContractJuly 9, 1998 City of Port Angeles PO Box 1150 Port Angeles WA 98362 Sincerely, Mike Harris ater Resources Supervisor Southwest Regional Office JMH:th Enclosure C;4 Aikunes, STATE OF WASHINGTON DEPARTMENT OF ECOLOGY P.O. Box 47775 Olympia, Washington 98504 -7775 (360) 407 -6300 Dear Sir or Madame: Re: Ground Water Permit No. G2 -21950 In response to your request, an extension is being granted to enable you to complete the construction of your project and to put the water to full beneficial use covered under the above referenced number. RECEIVED JUL 1 1998 CITY Gf PORT ANG S Pth3 EC WORKS The extension for completing construction is granted until July 1, 2015 and the extension for putting the water to full beneficial use is granted until July 1, 2020. Enclosed is a Notice of Completion of Construction which must be filed by July 1, 2015 and a Proof of Appropriation form which must be filed on or before July 1, 2020. This order may be appealed. Your appeal must be filed with the Pollution Control Hearings Board, PO Box 40903, Olympia, WA 98504 -0903 within thirty (30) days of the date this decision was mailed. At the same time your appeal must be sent to the Department of Ecology do Enforcement Officer, PO Box 47600, Olympia, WA 98504 -7600. Your appeal alone will not stay the effectiveness of the Order. These procedures are consistent with Chapter 43.21B RCW. WASHINGTON STATE DEPARTMENT OF EC0L°0GY NAME DATE CONSTRUCTION BEGAN EQUIPMENT IN PLACE DATE ABANDONED ECt' 0141 -30 Rev one 3 STATE OF WASHINGTON DEPARTMENT OF ECOLOGY CONSTRUCTION NOTICE BEGINNING OF CONSTRUCTION COMPLETION OF CONSTRUCTION MATERIAL IN PLACE EXCAVATED SURFACE WATER PERMIT NO DATE CONSTRUCTION COMPLETED IF CONSTRUCTION NOT COMPLETE, SHOW COMPLETED AS OF THIS DATE IF CONSTRUCTION HAS BEEN ABANDONED REASON ABANDONED REMARKS OR ANY ADDITIONAL INFORMATION WHICH MAY TEND TO SHOW GOOD FAITH IN THE PROSECUTION OF THE WORK Signature of Applicant Present Address City, State, Zip Code GROUND WATER PERMIT NO DATE COMPLETION EXPECTED STRUCTURE I certify I am the holder of the above permit issued by the Department of Ecology for the State of Washington, and in accordance with the terms of such permit and the limitations endorsed by the Department of Ecology have begun completed the actual construction of the work described in the permit. STATE OF WASHINGTON APPLICATION NUMBER NAME OF PERMITTEE POST OFFICE ADDRESS ACTUAL SOURCE OF APPROPRIATION PURPOSE OR PURPOSES WATER IS USED FOR DATE WATER WAS COMPLETELY APPLIED TO PERMITTED USE PUMP SIZE ACTUAL AMOUNT WITHDRAWN OR DIVERTED FROM PERMANENT SYSTEM HAVE ALL PROVISIONS AS REQUIRED BY PERMIT BEEN ACCOMPLISHED 0 YES 0 NO STATE OF WASHINGTON, County of Subscribed and sworn to before me this ECY 040-1-26 Rev 1/ 85 QX A -209 PROOF OF APPROPRIATION OF WATER SS. DEPARTMENT OF ECOLOGY (CITY) IN WITNESS WHEREOF, I have hereunto set my hand this PERMIT NUMBER BUS TEL HOME TEL OTHER TEL (STATE) IF USED FOR IRRIGATION NUMBER OF ACRES ACTUALLY IRRIGATED IF SOURCE IS A WELL, IS AN ACCESS PORT NOW INSTALLED MONTHS DURING WHICH WATER IS USED 0 YES 0 NO O GPM CFS IF NO, EXPLAIN LEGAL DESCRIPTION OF PROPERTY ON WHICH WATER IS USED (USE ADDITIONAL SHEET IF NECESSARY) I, being first duly sworn, depose and say that I have read the above and foregoing proof of appropriation, that I know the contents thereof; and that the facts therein stated are true. day of 19 Permittee Signature day of 19 Notary Public (ZIP CODE) P/A 9 3 E wha fish pro'ect start set in August With a land lease the only remaining red tape for the Department of Fisheries rearing channel on the Elwha River, the department looks "forward'ato starting constructibn "the first tralf`of August. Port Angeles City Council approved plans for the project Tuesday. The land lease will be sent to the council for its next meeting July 2, said Russell Webb, assistant chief engineer for the department. Webb said he is pretty confident about the lease, because details have been discussed with the city in its preparation. Speculations are being typed up now, he said, and the final corrected plans drawn up. Bids will be advertised July 1 and` opened July 25. ,Presluning the low bid is within,• -them budget, it will take the contractor 15 to 20 days to get a performance bond and paper work done. By Aug. 9 to 12 the department should be able to notify the contractor to proceed, he said. But if the low bid is not within the budget, he said, there will have to be negotiations with the contractor to leave out part of the project, the project will have to be rebid or other options explored. The channel will be built on city property near the city industrial water intake site on the Elwha's east bank, north of the Highway 112 bridge. Besides the city, Crown Zellerbach Corp., which is providing $145,000 for the project, and ITT Rayonier, Inc., are being consulted. Rayonier asked for a few minor corrections, and Crown Zellerbach has not yet responded, he said. He expects no serious objections. The state has already obtained a permit from the state Department of Ecology to use about 32 million gallons of surface water in the facility. Clallam County and the Department of Ecology have issued a Shoreline Management Permit for the project, which will be a substantial development along the river. Cost of the project will be about $600,000. The state will furnish all but the amount donated by Crown Zellerbach. Eggs from king salmon in the Elwha will be taken to the state's Sol Duc hatchery for incubation. The fingerlings will then be transported back to the Elwha channel for raising. They will be released when they reach the juvenile stage. PERMIT NUMBER G2- 21950P SOURCE wells (Ranney Collectors) TRIBUTARY OF IF SURFACE WATERS) LOCATED WITHIN (SMALLEST LEGAL SUBDIVISION) SE1/4SE1/4, Sec. 3 AND NE1NE-1/4 LOT BLOCK OF Area served by City of Port Angeles. STATL 01 WASHING FON DEPARTMENT OF ECOLOGY PERMIT TO APPROPRIATE PUBLIC WATERS OF THE STATE OF WASHINGTON Ej SURFACE WATER APPLICATION NUMBER r)IJANTITY TYPE OF USE PERIOD OF USE 20,600 acre -feet per year municipal supply MAXIMUM CUBIC FEET PER SECOND MAXIMUM GALLONS PER MINUTE 22,500 PRIORITY DATE PUBLIC WATER TO BE APPROPRIATED GROUND WATER i G2 -21950 Ma 1_ 1974 la-7_ g7 ¢2� C8596 "w 1 NAME CITY OF PORT ANGELES ADDRESS ISTREETI (CITY) (STATE) (ZIP CODE) PO Box 711 Port Angeles washing` q� The applicant is, pursuant to the t; eport of Examination which has been accepted by the applicant, hereby granted a permit to appropriate the following described public waters of the State of Washington, subject to existing rights and to the limitations and provisions set out herein LOCATION OF DIVERSION /WITHDRAWAL APPROXIMATE LOCATION OF DIVERSION 'WITHDRAWAL 900 feet west and 100 feet south of the northeast corner of Sec. 10; 900 feet west and 1000'feet north of the southeast corner of Sec. 3 SECTION TOWNSHIP N. RANGE, IE 10 30 RECORDED PLATTED PROPERTY (GIVE NAME OF PLAT OR ADDITION) LEGAL DESCRIPTION OF PROPERTY WATER TO BE USED ON MAXIMUM ACRE -FEET PER YEAR 20,600 continuously OR W I 7 W W M W.R.I.A. COUNTY 18 Clallam BOOK 470 0 PAGE 195 Ranney Type Collector system BEGINNING DATE July 1. 1975 of September`illo.F R_k 31?3;,; OF_ c. U,N 1916SEP 17 A 8: 4I ENGIN RINCbAifA� 1 Or t a+ j 1.0, l llh t ttr n j M y yA t 'IvC_, E-3 sA A ny_ WASH iii r iJ i l •00` C 79 \2\ 71,< E l DESCRIPTION OF PROPOSED WORKS DEVELOPMENT SCHEDULE COMPLETION DATE PROVISIONS JOHN A. BIGGS, I irector Departmen DATE COMPLETE APPLICATION OF WATER TO BE'MADE July 1. 2000 1, 1001 Nothing in this permit shall be construed as excusing the permittee from compliance with any applicable federal, state,•or local statutes, ordinances, or regulations including those administered by local agencies under the Shoreline Yanagement Act of Issued as a primary right of 13,500 gallons per minute and a supplemental right of 9,000 gallons per minute to Surface Water Certificates No. 374 and No. 2345. The instantaneous diversion of water under this application shall not exceed 22,500 gallons per minute. "A suitable measuring device shall be installed and maintained in accordance with WAC 508- 64 -020 through WAC 508 640940." Applicant is advised that notice of proof of appropriation of water (under which final certificate of water right issuess) should not be filed until the permanent diversion facilities have_been installed together with a mainline, system capable of delivering the recommended quantity of water to an existing or proposed distribution system within to be served. This permit shall be subject to cancellation should the permittee fail to comply with the above development schedule fail to give notice to the Department of' Ecology on forms provided by that Department documenting such compliance Given under my hand and the seal of this office at Olympia, Washington, this 13th day logy erry Bo sistant Vector c on to BOOK 470 PAGE I TAKE NOTICE: of from That in the amount of Port Angeles, Washington i /4I4s M(F NOTICE OF APPLICATION TO APPROPRIATE PUBLIC WATERS CITY OF PORT ANGELES on Wells (Ranney Collectors) STATE OF WASHINGTON DEPARTMENT OF ECOLOGY March 1, 1974 under Application No. G 2 -21950 filed for permit to appropriate public waters, subject to existing rights, 22,500 gallons per minute continuously each year, for municipal supply The source of the proposed appropriation is located within a,o�a) a)- s 2 oc -OLa,‘ "5 —e Q Q v o P L Q) L v C O a- O a) O S] !0 a) c O ul O �r mom m ~o O v a� oy c� o3' acv N Z o HW� Q OQ -OU_L� Mozam a u HW t 4E ro n 3 E a o P 2 W W Z Q H u..- V 0 a O o V Q a ro o v ro 0-2 ;rn Oo`oz0��o T N o�N'EQ dno�mv o„Q°WF.a� O. o uooD a) Z� >,o�° ro o N =va c._ ��a)`^�� 71, on v o o N O O r,'.� 0°roE°�o o f v° O 10, O Q E O J a J 0 v 2 V **E-20.7. D° O O O V a) O N U WtiZaQ�O Z UW�Qa 3 c r6 ..n— Eccrco� 0E�`° a Q d _JC Q O °c>..- °u°QWN a ,G °0a a Q° W roW ucc c EO .-EtEo o6 c 3 F 0 LL C 0 7 L L N V O O .L V _E L n N Q~ z X 4! E O a O W W 0- n' O. O OV ti SE4SE of Section 3 and NE1/4NE- of Section 10 Township 30 N., Range 7 W W.M., in Clallam County. Protests or objections to approval of this application must include a detailed statement of the basis for objections; protests must be accompanied by a two dollar ($$2.00) recording fee and filed with the Department of Ecology, Southwest Regional Office, Olympia, WA. 98504 within thirty (30) days from (Last date of publication to be entered above by publisher) STATE OF WASHINGTON Public Water System Operating Permit The Department of Health Office of Drinking Water issues a permit to operate PORT ANGELES, CITY OF (ID# 68550 M to owner: PORT ANGELES, CITY OF County: CLALLAM L J This permit is valid through May 2009 PERMIT CATEGORY: Yellow The permit category may be modified or the permit revoked subject to water system compliance with applicable State of Washington drinking water rules and regulations and the following statements: The system operating permit color category is based on information on file with the Department at the time this permit was printed. DOH 331 -030 (06/07) PORT ANGELES, CITY OF PO Box 1150 PORT ANGELES, WA 98362 Washington State Department of *Health Report Date: 05 /13/2008 Explanation of Permit Categories 1. Green This category means your system is substantially in compliance with applicable drinking water requirements. Placement in this category indicates the system is adequate for growth up to approved number and existing uses. 2. Yellow This category means your system is substantially in compliance except water system notified to submit water system plan, but has not satisfied planning requirement and /or is under a compliance agreement for a state significant non complier (SSNC) violation. Placement in this category indicates the system is adequate for growth up to approved number unless otherwise limited by compliance agreement and adequate for existing uses. Northwest Regional Office Kent (253) 395 -6750 3. Blue This category means your system is substantially in compliance except water system does not meet design approval or has exceeded number of approved connections. Placement in this category means the system is adequate for existing uses, but not adequate for growth. 4. Red This category means your system is in substantial non compliance with applicable drinking water requirements. Placement in this category indicates the system is not adequate for growth or existing uses. This could result in building permits, on -site sewage disposal permits, food service permits, liquor licenses and other permits and licenses being denied for properties connected to or to be connected to the water system. In addition, lending institutions may choose not to finance loans associated with these properties. If you have questions or if you wish to obtain material required to formally contest a modified permit, contact the appropriate Division of Drinking Water Regional Office: Southwest Regional Office Tumwater (360) 236 -3030 Eastern Regional Office Spokane (509) 456 -3115 January 18, 2007 CERTIFIED MAIL 7005 1820 0003 7289 3566 City of Port Angeles 321 East 5 Street Port Angeles WA 98362 Dear Sir or Madame: Mail your appeal to: Pollution Control Hearings Board PO Box 40903 Lacey, Washington 98504 -0903 Mail your appeal to: Department of Ecology Appeals Coordinator PO Box 47608 Lacey, Washington 98504 -7608 C Thomas Loranger Water Resources Section Manager Enclosures: Report of Examination "Your Right to Be Heard" AND STATE OF WASHINGTON DEPARTMENT OF ECOLOGY PO Box 47775 Olympia, Washington 98504 -7775 (360) 407 -6300 RE: Ground Water Application for Change No. G2 -21950 Your Application for Change is approved. Enclosed is the Report of Examination (Ecology's Order and Determination) which summarizes our findings and represents our final decision. Please read through this report carefully, as it forms the basis for your superseding certificate. Your superseding certificate will be issued after the required 30 -day appeal period. Your right to appeal You have the right to appeal this Order to the Pollution Control Hearings Board. Pursuant to chapter 43.21 B RCW, your appeal must be filed with the Pollution Control Hearings Board, and served on the Department of Ecology, within thirty (30) days of the date of your receipt of this document. To appeal this action or decision, your notice of appeal must contain a copy of the Ecology order, action or decision you are appealing. Deliver your appeal to: OR Pollution Control Hearings Board 4224 6 Ave SE Rowe Six, Bldg 2 Lacey, Washington 98504 -0903 AND MAIL TO BOTH ADDRESSES BELOW Mail your appeal to: Tom Loranger Department of Ecology PO Box 47775 Lacey, Washington 98504 -7775 If we can provide any further assistance, please contact our office at (360) 407 -6300. bt4.1,. 7.38 .ifL ii. I (p 1151 -1 i :I r.; 11% I'f0I0IGI' PRIORITY DATE March 1, 1974 NAME City of Port Angeles ADDRESS (STREET) 321 East 5th Street P.O. Box 1150 SOURCE Elwha River and a Ranney Well TRIBUTARY OF (IF SURFACE WATERS) Strait of Juan de Fuca MAXIMUM CUBIC FEET PER SECOND 50 (alternate to Ranney Well Collector) QUANTITY, TYPE OF USE, PERIOD OF USE 20,600 Acre -feet per year LOCATED WITHIN SMALLEST LEGAL SUBDIVISION) SE 1/4 SE 1/4 NE 1 /4 NE 1/4 LOT BEGIN PROJECT BY THIS DATE Ranney Collector is Operational New surface diversion: July 1, 2010 STATE OF WASHINGTON DEPARTMENT OF ECOLOGY REPORT OF EXAMINATION CHANGE OF GROUNDWATER PERMIT TO APPROPRIATE PUBLIC WATERS OF THE STATE OF WASHINGTON fl Surface Water (Issued in accordance with the provisions of Chapter 117, Laws of Washington for 1917, and amendments thereto, and the rules and regulations of the Department of Ecology Ground Water (Issued in accordance with the provisions of Chapter 263, Laws of Washington for 1945, and amendments thereto, and the rules and regulations of the Department of Ecology APPLICATION NUMBER PERMIT NUMBER G2 -21950 G2 -21950 LOCATION OF DIVERSION /WITHDRAWAL APPROXIMATE LOCATION OF DIVERSION WITHDRAWAL Location of Ranney Well Collector: 1150 feet North and 1000 feet West from the SE Corner of Section 3, T.30N., R.7 W.W.M. Location of Proposed Alternate Surface Diversion: 1255 feet South and 1090 feet West from the NE Corner of Section 10, T.30N, R. 7 W.W.M. SECTION TOWNSHIP N RANGE, (E OR W W M 3 30 7W 10 (CITY) Port Angeles PUBLIC WATERS TO BE APPROPRIATED MAXIMUM GALLONS PER MINUTE 22,250 (13,500 gpm additive; 9,000 gpm non additive to Water Right Certificates No. 874 and 2345 for the diversion of water from Morse Creek) Municipal supply Year round, as needed RECORDED PLATTED PROPERTY BLOCK OF (GIVE NAME OF PLAT OR ADDITION) LEGAL DESCRIPTION OF PROPERTY ON WHICH WATER IS TO BE USED DESCRIPTION OF PROPOSED WORKS DEVELOPMENT SCHEDULE COMPLETE PROJECT BY THIS DATE Additional Ranney Collector: July 1, 2015 New surface diversion: July 1, 2011 (STATE) Washington MAXIMUM ACRE FEET PER YEAR 20,600 W R I A COUNTY 18 Clallam (Attachment 1 shows location of the authorized place of use and point(s) of diversion or withdrawal] The place of use (POU) of this water right is the service area described in the most recent Water System Plan /Small Water System Management Program approved by the Washington State Department of Health, so long as the City of Port Angeles is and remains in compliance with the criteria in RCW 90.03.386(2). RCW 90.03.386 may have the effect of revising the place of use of this water right. Existing Ranney Well Collector and Proposed New Surface Water Intake [the surface intake also will be used for diverting water to Water Right Certifies No. S2- *02137CWRIS (Certificate No. 1328) Certificate of Change S2- CCCVoI1-2P43] also to be used for diverting water to Water Right Certificate No. S2- *02137CWRIS) WATER PUT TO FULL USE BY THIS DATE July 1, 2020 Report of Examination 1 No. G2 -21950 CERTIFICATE NUMBER (ZIP CODE) 98362 1.0 BACKGROUND: 1.1 Description of Purpose of the Proposed Change REPORT On July 22, 2005 the city of Port Angeles submitted an application to the department of Ecology for an alternate point of diversion for a groundwater permit. This permit has as its source a Ranney collector on the bank of the Elwha River. The applicant proposes to move the point of diversion approximately 3,000 feet upstream of the Ranney collector well in response to the removal of two upstream dams. A new surface water diversion will be used to satisfy the groundwater right during the period after the dams are removed, and will function as an alternate source when turbidity is high enough to compromise use of the Ranney collector or in other emergencies. This record of examination addresses the application for change to provide an alternate source of diversion for ground water right permit number G2- 21950. The Elwha River originates in Olympic National Park, flowing in a northerly direction for 47 miles to the Strait of Juan de Fuca. The mean annual flow of the Elwha River is estimated at 1,508 cfs. (Lower Elwha River Groundwater Resource Evaluation, December 2001) The Elwha River watershed is in Water Resource Inventory Area (WRIA) number 18 (Elwha- Dungeness). In the early 1900's the free flowing Elwha River was blocked by two hydroelectric dams, neither of which was built with means to pass the 10 runs of native anadromous salmon and trout that had used the river for spawning and rearing for centuries. Since it was completed in 1913, the Elwha Dam has prevented migrating salmon and trout from using the upstream 70 miles of mainstem and tributary habitat. The Glines Canyon Dam was completed farther upstream in 1927. These dams are the primary cause of the precipitous decline of salmonid populations to fewer than 3,000 naturally spawning fish today compared to an estimated 392,000 fish prior to dam construction. The loss of fish from 93% of the Elwha River has resulted in severe impacts to the entire Elwha River ecosystem. (Elwha River Ecosystem Restoration Implementation, Final Supplement to the Final Environmental Impact Statement, Summary, July 2005) The Elwha River Ecosystem and Fisheries Restoration Act of 1992 (PL 102 -495) authorized the Secretary of the Interior to acquire and remove the Elwha and Glines Canyon dams on the Elwha River to fully restore the ecosystem and native anadromous fisheries. The National Park Service completed two Environmental Impact Statements (EIS). EIS -1 found that both dams must be removed to meet the goals of the Elwha Act. EIS -2 recommends allowing sediments accumulated within the reservoirs to naturally erode downstream. Starting in 2009, the 108- foot -tall Elwha Dam and the 210- foot -tall Glines Canyon Dam will be dismantled in stages, reopening 70 miles of prime salmon and steelhead spawning habitat. The Elwha project offers a unique opportunity to fully restore a river given that nearly the entire river's watershed is preserved in Olympic National Park, free from human impacts. Taking out the two dams is expected to increase the amount of silt in the river since some 18 million cubic yards of dirt and gravel have been trapped behind the dams over the last 93 years. The resulting flooding and increased silt will affect both the diversion site for the surface water diversion and the capacity of the Ranney collector. In addition, it will affect the quality and quantity of water available for the state and tribal fish hatcheries. Removing both dams and allowing the ecosystem to restore would open up over 70 miles of largely pristine salmon habitat. Dam removal is expected to produce approximately 390,000 salmon and steelhead in about 30 years, compared with less than 50,000 fish if the dams were fitted with upstream and downstream fish passage facilities. About 4,000 wild salmon now spawn in the five miles of river between the lower dam and the Strait of Juan de Fuca. Olympic National Park is a World Heritage Site and Biosphere Reserve. Ninety -five percent of the park's terrain is designated wilderness. The Elwha River is the largest watershed in the park, comprising 19% of the park's total land mass. The removal of the two dams will restore free flows to the Elwha River. 1.2 Attributes of Water Rights Attributes of Ground Water Permit Application: G2 -21950 Name on permit: City of Port Angeles Priority Date: March 1, 1974 Instantaneous Quantity (Qi): 22,500 gallons per minute (50 cubic feet per second) Annual Quantity (Qa): 20,600 acre feet/year Purpose: Municipal supply Source: Elwha River, Ranney collector Point of Withdrawal: SE 1/4 of SE 1/4 of Section 3, T. 30 N., R. 7 W. W.M. Place of Use: Area served by Port Angeles Proposed Change: Point of Diversion: See Attachment 1 for a map of the points of withdrawal Report of Examination NE 1/4 of NE '/4 of Section 10, T. 30 N., R. 7 W. W.M., New surface water diversion 3,000 feet upstream from the old diversion location, as an addition of an alternative source to be used in anticipated periods of high turbidity during the removal of the dams, and other emergencies. 2 No. G2 -21950 1.3 Legal Requirements for the Proposed Chanee 1.3.1 Statement of Authorities The Revised Code of Washington (RCW) Chapters 90.03 and 90.44 authorize the appropriation of public water for beneficial use and describe the process for obtaining water rights including the process to amend or change existing rights. Laws specifically governing the water right permitting process are RCW 90.03.250 through 90.03.340 and RCW 90.44.060. Changes or amendments to these rights are covered under RCW 90.03.380 and RCW 90.44.100. Specific legal requirements pertinent to this change are: Change must not result in detriment or injury to existing rights, RCW 90.03.380(1) Change must be limited to water that has been beneficially used, RCW 90.03.380(1) Change must not result in enlargement of water right, RCW 90.44.100(2) Change must not injure the public welfare, RCW 90.03.380(1) Watershed Plan A watershed plan for the Elwha Dungeness watershed (WRIA 18) was adopted by the Clallam County Board of Commissioners on June 7, 2005. Formal instream flows were not set in the rule, although recommendations were made for instream flows for most of the streams in the WRIA. Instream flow recommendations were not made for the Elwha River. The establishment of flow requirements was deferred for the Elwha River mainstem until the river has stabilized sufficiently after the dams are removed to assess habitat suitability and fish flow needs. Meeting the Criteria for Priority Processine As a change application, this application may be processed before any new applications. There are 13 pending change applications in WRIA 18, but within the Elwha drainage there are only the two change applications pending, which are the two submitted by Port Angeles (this change application, and its companion change application for the surface water diversion (1328.) Of those 13 change applications this change application is the last in order. However, the application has been determined to meet the criteria for priority processing for the reasons outlined below, and may be processed immediately. The Department of Health (DOH) has confirmed the public health significance of this application. Ecology received a letter on May 2, 2005 from Denise Lahmann at the Southwest Drinking Water Operations of DOH supporting the change in the point of diversion to provide a reliable source of water, to meet current and future drinking water standards, and to avoid unreasonable treatment costs resulting from water quality issues potentially caused by the removal of the Elwha dams. The DOH letter states that they believe that the proposed Elwha River surface water diversion and new filtration plant will protect public health by providing safe and reliable drinking water to the residents of Port Angeles. WAC 173 152 -050 (c) allows an application to be processed prior to competing applications when there is a public health concern. Because the alternate point of diversion for this right will provide a source for the city's municipal drinking water permit and will funnel water through the temporary water treatment plant, Ecology agrees that the pubic health significance does apply. In addition to the benefits of this project for the city of Port Angeles, the restoration of the Elwha River is in the state and national interest, and will result in significant environmental benefit. 1.3.2 Public Notice A public notice detailing this proposed change was published in the Sequim Gazette for two consecutive weeks starting on September 14, 2005. An amended notice to rectify a typographical error regarding the quantity of water in the permit was published in the Peninsula Daily News on December 9, 2005. A second amended notice which included the conveyance of water to the tribal fish hatchery was published in the Sequim Gazette for two consecutive weeks starting on February 8, 2006. Due to a typographical error in the notice, it was republished in the Sequim Gazette for two consecutive weeks beginning on March 22, 2006. No protests were received as a result of these notices. 1.3.3 State Environmental Policy Act (SEPA) The city of Port Angeles has worked in cooperation with Olympic National Park and the United States Bureau of Reclamation to develop alternatives that will satisfy the delivery of drinking water after the Elwha dams are removed. Two Environmental Impact Statements and a supplement were completed to analyze alternatives to address mitigation for the effects of the removal of the two dams on the Elwha River. The Elwha River Ecosystem Restoration: Final Environmental Impact Statement (June 1995) and The Elwha River Ecosystem Restoration Implementation: Final Environmental Impact Statement (November 1996). A supplemental EIS was prepared because there were substantial changes to the selected action regarding water supply, water quality, and flood control mitigation (Draft December 2004, and Final July 2005). Clallam County was designated as the lead for this project for the SEPA review (State Environmental Policy Act of 1971, Chapter 43.21 RCW). The county reviewed the documents described above used to meet the National Environmental Policy Act of 1969 (NEPA) (P.L. 91 -190, 42 USC 4321 -4347) to determine if they met the requirements of SEPA. On June 13, 2006, after reviewing comments from state, local and tribal agencies, Clallam County issued a Determination of Significance and Adoption of Existing Environmental Document. This means that Clallam County has determined that the existing NEPA Environmental Impact Statements meet the requirements of SEPA Report of Examination 3 No. G2 -21950 2.0 INVESTIGATION: This investigation was conducted by Peggy Clifford. In considering this application, my investigation included review of information submitted by the applicant and other reports by agencies working on the Elwha River Restoration Project, a visit to the site, a review of the existing water rights and well logs on file in the vicinity, topographic and local area maps, SEPA requirements, comments from other state agencies, and the Department of Ecology's records. Documents that were used in the investigation and preparation of this report are: The Elwha River Ecosystem Restoration: Final Environmental Impact Statement, U. S Department of the Interior, National Parks Service (June 1995), The Elwha River Ecosystem Restoration Implementation Final Environmental Impact Statement, U. S Department of the Interior, National Parks Service (November 1996), The Elwha River Ecosystem Restoration Implementation Draft Supplement to the Final Environmental Impact Statement, U S. Department of the Interior, National Parks Service (December 2004), The Elwha River Ecosystem Restoration Implementation Final Supplement to the Final Environmental Impact Statement, U. S Department of the Interior, National Parks Service (July 2005), Elwha Surface Water Intake Facilities Predesign, City of Port Angeles, Basis of Design, Final Report, URS (October 2004) Elwha River Water Quality Mitigation Project Planning Report, Draft Report, URS (January 2002) Lower Elwha River Groundwater Resource Evaluation, Port Angeles, Washington, prepared for the U S Bureau of Reclamation by URS (December 21, 2001) DRAFT Water System Plan, City of Port Angeles (November 2001) Memorandum of Understanding Between the National Park Service and the City of Port Angeles and the Lower Elwha Klallam Tribe for the Design, Permitting, Construction, Operation, and Maintenance of Water Treatment or Related Facilities Pursuant to the Elwha River Ecosystem Fisheries Restoration Act (August 6, 2004). Elwha Rearing Channel Production Wells for Washington State Department of Fish and Wildlife, Robinson Noble, Inc. (December 1995) Ranney Method, Report of Performance Test Groundwater Collector No. 1, City of Port Angeles, Washington, Western Corporation (December 1977) Ranney Method, Controlled Pumping Test: Ranney Collector No 1, City of Port Angeles, Washington, Western Corporation (June 8, 1994) Groundwater, Freeze, R.A. and Cherry, J.A. (1979) Geologic Map of the Elwha and Angeles Point 7.5- minute Quadrangle, Washington Department of Natural Resources, Polenz, M, Wegmann, K W., and Schasse, H. W (June 2004) Water System Design Manual, Appendix E, Recommended Pumping Test Procedures, Washington Department of Health (August 2001) Washington Administrative Code (WAC) Chapter 173 -160, Minimum Standards for Construction and Maintenance of Wells National Parks Service website http:// www. nps .gov /olym /elwha/documents.htm A memorandum written by Department of Ecology staff licensed hydrogeologist, John Pearch, summarizing area hydrogeology (June 20, 2006) A letter from Steven Boessow, fish biologist, Washington Department of Fish and Wildlife (March 29, 2006) Existing water rights on file for the water system Records of other water rights in the vicinity Aerial photographs of the site Topographic and local area maps Site Visit On September 23, 2005, I visited the Port Angeles facility with Steve Sperr, who is an employee of Public Works department of the city of Port Angeles. We viewed the current point of diversion for the surface water certificate, and the proposed new location for the diversion. We also viewed the Ranney collector. The site is located in Clallam County, west of the city of Port Angeles, within the Elwha River watershed, in Water Resource Area 18. On October 13, 2005 I toured the same area with a group of employees from local, state and federal governments involved in the Elwha River Restoration Project. We again viewed the current and proposed points for the surface water right diversion, and the Ranney collector. We also viewed the two dams which are slated for removal, the existing tribal fish hatchery and the site of the new tribal fish hatchery. In addition, we viewed the location of a new well field currently under application review for a permit to supply water for the state fish hatchery (application no. G2- 29018). The well field is located adjacent to the Ranney collector and the surface water diversion. 2.1 History of Water Use An application for a groundwater right for municipal supply was filed with Ecology by the city of Port Angeles on March 1, 1974. The application was for a Ranney Well(s) infiltration system for 50 cfs, or 22,500 gpm, or 20,600 acre feet per year to supply the area served by Port Angeles. Previously the municipal water supply for the city came from a diversion on Morse Creek. Use of groundwater was thought to avoid expensive treatment methods required for surface water. Report of Examination 4 No. G2 -21950 Construction of a Ranney Well was completed in 1977, and consists of a 13 -foot diameter concrete caisson extending to a depth of 62 feet below ground surface. From the bottom of the caisson, seven 10.75 -inch outside diameter, horizontal screen laterals extend outward providing a total screen length of 528 feet. Pumping facilities in the Ranney collector consist of two 660 horsepower pumps rated at 3,700 gpm each at 530 feet total dynamic head. The water from the Ranney collector is disinfected by gaseous chlorine that is fed from 1 -ton cylinders to the water before release to the city of Port Angeles' municipal water distribution center. In 1985, the city observed a decline in collector capacity. The water level would decline with both pumps running until the low -level alarm was reached and one pump would automatically shut -off. The data for the collector was examined and it was concluded that the decline was due to the migration of the river channel. The permit was extended until July 1, 2020 to complete the construction of an additional well. The city is currently using an average of 5.4 cfs per day (average over the past year), with one day peaks as high as 15.4 cfs per day, for municipal water supply. The annual quantity is approximately 3800 acre -feet per year. The city projects a demand of 4200 acre -feet per year by 2025. This application is to move the point of diversion from the Ranney well to a surface water diversion located 225 feet up river from the current surface water intake, and 3000 feet upstream of the Ranney collector, for the duration of the dam removal and for a period of time afterward until the river stabilizes. After that point the diversion will be used as an alternate source of water for the Ranney well. 2.1.1 Proposed Use Change to add an Alternate Point of Diversion Currently, water for the city's industrial and fish rearing clients is supplied by means of a rock diversion structure and intake along the river. The municipal water supply is provided by groundwater from the Ranney collector. During the time of the dam removal, and in the period of high turbidity afterward, water for both industrial and municipal needs will be supplied by treated surface water. A new weir and intake structure will be built upstream 225 feet from the existing diversion structure because the existing diversion structure may be unstable during very high flow conditions. The weir will be designed to pass all fish and sediment. The new intake facility will be designed to divert up to 200 cfs to meet the city's current ability to withdraw water for fish rearing and industrial purposes, to serve as an alternate diversion for the municipal drinking water source supplied by the Ranney collector, and to provide water to the Lower Elwha Klallam Tribe's new fish hatchery consistent with the city's agreement. The new diversion will be located at river mile (RM) 3.48. This location was determined based on site investigations and the results of a physical model that was constructed and operated at the Bureau of Reclamation's hydraulics laboratory in Denver, Colorado. This location will provide adequate head for flow of river water to the location of the new Elwha water treatment plant (EWTP). Water collected from this intake will be routed through the EWTP. The EWTP will be located near the existing industrial intake channel at RM 2.8., and will treat water during spikes of turbidity. The plant will supply treated water to the tribal hatchery, the Nippon Paper industries treatment facility, the fish- rearing channel, and will serve as a back -up to a new municipal Port Angeles water treatment plant (PAWTP) during and for a period of time following dam removal. The city's current Ranney collector has been reclassified from groundwater, to "groundwater under the influence of surface water," by the Washington Department of Health in a letter dated April 25, 2000. The designation is based on testing results that suggest that the water from the city's Ranney collector is hydraulically connected to the surface water of the Elwha River. The Ranney collection facility must now meet requirements for treatment under both the enhanced surface water treatment rule and disinfection rule. Utilizing the surface water diversion as an alternative source for this right will allow treatment of water through the EWTP until construction of the new treatment plant (PATWP). Limited bench testing of the material behind the dams indicates a Ranney collector could be ineffective during periods of high turbidity because the aquifer would be susceptible to blinding (i.e., "sealing" of the surface). A surface water diversion to ensure supply during these times is considered preferable because of its predictability. The capacity of the new diversion and intake system would be sufficient to serve as a short -term or possibly long -term backup for the city's municipal customers if needed. It would also be a more reliable source of water than a subsurface Ranney collector or infiltration gallery during dam removal. During periods of high turbidity, a surface supply would allow the city to turn the Ranney pumps off and prevent potential plugging of the subsurface sand and gravels. When these high turbidity pulses have passed, and when sediments have stabilized several years after the dams are removed, the city would be able to revert to the use of the Ranney well and send water collected from it directly to a new water treatment plant. 2.2 Other Water Riehts Appurtenant to the Place of Use Of the 206 cfs of state issued water rights on the Elwha River, the city of Port Angeles holds 200 cfs this 50 cfs groundwater right permit for municipal purposes at the Ranney collector at RM 3.0, and a 150 cfs surface water right certificate for the industrial intake channel at RM 3.5. The surface diversion currently provides water to two users the Nippon paper and pulp mill and the WDFW fish- rearing channel. Private landowners, the Dry Creek Water Association (5.58 cfs), and the Elwha Place Homeowners' Association (0.4 cfs) also hold groundwater rights. The Lower Elwha Klallam Tribe and the tribal fish hatchery withdraw approximately 10 cfs. The United States holds additional unquantified water rights in trust for the tribe; these rights are not issued by or registered with the state. Report of Examination 5 No. G2 -21950 An application was submitted in 1994 by the Washington Department of Fish and Wildlife (WDFW) for a permit to drill new wells for fish propagation purposes. A maximum withdrawal rate of 2,000 gallons per minute (gpm) was requested. The well field is located at WDFW's Elwha hatchery and rearing channel site adjacent to the city of Port Angeles' Ranney well and surface water diversion. 2.3 Hvdroeeoloeic Evaluation The capacity of a Ranney (radial) collector is based on the same principles as a vertical well; however, it is a larger effective radius than a vertical well because of the horizontal laterals located at the base of the collector pumping chamber. The yield from a radial collector is highly dependent on not only the permeability of the aquifer materials, but also proximity to and recharge from the river. A pump test was conducted on the Ranney collector at 7,685 gpm in 1977 with a drawdown of 19.4 feet in the collector. The static water level at the time of testing was approximately 54.6 feet MSL with the Elwha River level at 54 feet MSL. By considering the area underlain by the laterals equivalent to the circular area, the effective radius of the Collector is 49 feet. Details of the aquifer testing are presented in a report prepared on the Ranney Method by Western Corporation dated December 1977. Aquifer testing information presented in the report indicated that the transmissivity of the aquifer is in the range of 264,000 gallons per day per foot and the effective distance to the line of infiltration (i.e. the Elwha River) was calculated to be 242 feet. However, a more recent pump test (Ranney Method by the Western Corporation dated June 8, 1994) had found that the line of river infiltration had increased to 678 feet. The increase in distance and corresponding decline in collector capacity were attributed to loss of river flow in a side channel and increased distance (by 130 feet to the west) to the main channel of the Elwha River. River migration may play a significant role in the production of the existing and any potential new Ranney collectors. HYDROGEOLOGIC SETTING: This section describes in general terms of the geology, hydrogeology and hydrology along portion of the lower Elwha River valley, from the north limb of the Clallam syncline located within Section 10, T. 30 N., R. 7 W. W.M., to the confluence with Straits of Juan de Fuca, located within Section 27, T. 31 N, R. 7 W. W.M. The lower Elwha River valley is hydrogeologically complex because of the sequences of alluvial, glacial and older non glacial sediments deposited within the valley. However, the occurrence of groundwater is predominantly in the recent (Holocene) alluvial deposits and glacial outwash deposits. The URS (2001) report identified six hydrogeologic units in the area which are listed from youngest to oldest Recent alluvium (Qal) is identified as the principal aquifer by USBR on the basis of the number of wells completed within in the unit and material characteristics. Most community domestic water wells operating in the area withdraw from this aquifer. The recent alluvium consists primarily of coarse grained sand and gravel deposits within the uppermost portion of the deposits underlying the river valley. The aquifer is underlain by older, glacial and non glacial deposits, or sedimentary rock. The recent alluvium is typically between 50 and 100 feet thick in the valley. Wells in the alluvium are typically yield more than wells completed in glacial deposits capping the upland areas that flank the valley. The specific capacity of wells completed in the recent alluvium are typically greater than 10 gallons per minute per foot of drawdown (gpm/ft) and range to more than 100 gpm /ft, which allows for sustainable pumping rates of 100 to 1,000 gpm. This aquifer is the primary source of groundwater for the city of Port Angeles well. Recessional glacial outwash (Qvr) is exposed locally on the surface of bluffs overlooking the river valley. The unit consists of coarse sands and gravels that typically yield little water and are unsaturated. Available information indicates that these materials are not used for water supply. These outwash deposits may also be present beneath the alluvium in the valley. Glacial till (Qvt) consists of a mixture of clay to boulder -sized materials that has a low permeability and generally acts as confining layer for groundwater on the uplands surrounding the valley. Usable quantities of water may be obtained from more permeable lenses of sand and gravel within the till. The till deposits are exposed in the bluffs bounding lower portion of the river valley and are between 50 and 150 feet thick. Wells completed within localized pockets of clean sand and gravel within the till supply less than 20 gpm. Non glacial deposits are silty and clayey deposits inferred to be of marine or deltaic origin and are locally present near the Elwha River confluence with the Strait of Juan de Fuca. The non glacial deposits are typically between 20 and 50 feet thick and do not yield appreciable water to wells. Older glacial deposits (Qpf) consist of an outwash deposit between 100 and 150 feet thick overlying bedrock containing gravel and sand with some cobbles. The deposit thins to the south and was not encountered in many well borings that penetrated to bedrock in the uplands surrounding the Lower Basin. Wells completed in this deposit reportedly yield less than 20 gpm. Bedrock The oldest hydrogeologic unit is a sedimentary rock composed principally of siltstone and sandstone of the Twin River Group (Hoko River Formation (Polenz et al., 2004). The Crescent Formation (basalts) is also present along the lower Elwha River valley and restricts the Elwha River (bedrock notch) from upstream of the Elwha rearing channel to the Elwha Dam. A few wells in the valley (south of SR 112) obtain groundwater from the bedrock units. Wells completed in the uppermost portion of this unit are Report of Examination 6 No. G2 -21950 assumed to be hydraulically connected with the overlying surficial deposits and reportedly yield less than 20 gpm. The saturated portions of the recent alluvial and glacial materials serve as an unconsolidated sedimentary aquifer which is bound by bedrock below. Recharge to the surficial sediments is from precipitation and infiltration from the Elwha River. Groundwater flow in the alluvial aquifer is generally south to north in the lower Elwha River valley, sub parallel to the river trend. Water levels in the recent alluvial aquifer within the river valley are generally consistent with river level elevations, suggesting a high degree of hydraulic communication between the river and the aquifer. Groundwater is typically unconfined. However, confined conditions were observed in the Lower Elwha River Klallam Tribal Fish Hatchery well which is constructed into the older glacial deposits. Groundwater discharge is typically to the Elwha River near the confluence with the Strait of Juan de Fuca or to pumping wells. According to the URS (2001) report, the transmissivity is consistent with that of a coarse gravel aquifer. URS (2001) identified differences in ground water conditions compared to pumping tests conducted for the WDFW well (Robinson Noble, 1995). URS (2001) identified groundwater to occur under unconfined conditions, where no confining units were observed in the valley up- gradient of the Elwha Tribal Hatchery during drilling, and no clear evidence of artesian conditions was apparent from water -level measurement. However, Robinson Noble (1995) reported groundwater to occur locally under confined conditions. According to Freeze and Cherry (1979), a confined aquifer is confined between two impermeable confining beds (e.g. clay) where no groundwater can leak through the confining beds. However, the wells in the Elwha Rearing Channel, all penetrate interfingered deposits of silty sand layers which most likely represent leaky semi confined conditions. The lower permeable deposits are not thought to be extensive, but locally show the influence of a thin, leaky bed that is sufficiently permeable to transmit water from the overlying unconfined aquifer into the semi confined aquifer. Surface Water Hvdroloev— Elwha River flow exceedance probability As precipitation begins to diminish in the spring, stream flow in the Elwha River is supplemented by melting snow from the Olympic Mountains. Specific hydrological data is available from the United States Geological Survey (USGS), which provides daily exceedance flow values for the streams and rivers throughout Washington. (Exceedance flows are the flows expected to be exceeded a specific percentage of the time: e.g. the 50 percent exceedance flow would be exceeded 50 percent of the time.) The graph in Figure 1 shows the range of flows expected throughout the year based on daily averages during the period of record, 1897 -2004, at the USGS gage (no. 12045500) near McDonald Creek Bridge at river mile 8.6. Gage no. 12045500 is located upstream from the study sites in this report. The flow data from the Elwha and Glines Canyon Dams tend to mimic natural or historic flow since the flow is almost entirely through -flow (except for about 10 years of reservoir control in the 1930s). However, the hydrographs in Figure 1 only show the normal range of river flows with past and existing diversions in use. According to the USBR (personal conversation, Dick Bauman, March, 2006), the Elwha River flow is projected to be about the same following dam removal. The current USGS gage on the Elwha River at the McDonald Bridge is located between the two reservoirs (Lake Aldwell and Lake Mills). Flows as measured at the upstream site closely approximate flows at the city diversion because the projects are run -of- river, there are insignificant intervening inflows, and there are minor differences in watershed drainages. Hence, flows at the city's surface water diversion location mimic flows from the USGS gage. Report of Examination 7 No. G2 -21950 6000 Flow Exceedence Probability Hydrograph 0 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Time of Year Figure 1: Elwha River Flow exceedance probability hvdroaraph (USGS Station no. 12045500, Period of Record 1897 -2004) Relationship between the Body of Public Groundwater and the Original Source 31E -10% Exceedence +Daily Mean 50% Exceedence 90% Exceedence The Ranney well is completed within an unconsolidated aquifer that is in direct hydraulic continuity with the Elwha River, and is withdrawing Elwha River water. The proposed point of diversion will be drawing water from the same source, the Elwha River, as the original point of withdrawal at the Ranney collector well as a result of surface water ground water interaction. If water is not withdrawn from the Ranney collector well, it will be available for diverting at the subject surface water diversion location. Impairment on Existing Water Rights Summary A well log search indicated domestic, some irrigation, and municipal wells are located adjacent to the Elwha River valley. Most wells are upgradient of the Elwha Rearing Channel and completed into bedrock (basalt and sandstone) or adjacent glacial deposits and will not be impaired by the subject change. Several wells downgradient of the city's Ranney collector well and new surface water diversion are, however, completed in unconsolidated sediments of the Elwha River valley. Although the data provided by well logs suggests variation in aquifer properties, it should be noted that the majority of, if not all of, the wells do not fully penetrate the alluvial aquifer and that additional aquifer thickness is available. Aquifer properties do not appear to be limiting factor for current water users. Available drawdown in wells within the alluvial aquifer (approximately 2.5 miles down gradient of the proposed change) appears to be adequate (ranging between 10 and 96 feet). In addition, wells that are completed in the alluvial aquifer in the Elwha River valley have a very high specific capacity (25 to 333 gpm/feet of drawdown). The high specific capacity is due to the direct hydraulic communication with the Elwha River which enables wells to produce an ample amount of water making them less likely to be impaired. With the exception of the WDFW wells, all other wells within the alluvial aquifer are outside of the radius of influence of the Ranney collector well and far enough downstream. This particular change would actually provide additional groundwater in the alluvial aquifer while the Ranney well is shut down during the dam removal period. A Department of Ecology Water Right Tracking System (WRTS) query was conducted in the 4 sections encompassing the length of the river from the city's new point of diversion to the river's mouth (table 1). In addition to the Port Angeles rights, there were 23 active water right documents listed for this area. All but two of these were for groundwater. The four WDFW wells under water right permit number G2 -29018 are potential candidates for impairment. The nearest WDFW Well (95 -3) is only 200 feet away from the city's Ranney collector. The other WDFW wells (95 -1, 95 -2 and WB -2) are approximately 1,000 feet or greater from the Ranney collector. The new surface water diversion/intake structure is proposed to be installed at approximately 200 feet upstream of the existing rock diversion dam (about 1600 feet up gradient of the WDFW wells). The city's new control weir /diversion will be about the same elevation (69.0 feet) as the existing rock diversion dam and is not anticipated to result in any changes in static water levels in the WDFW wells. Report of Examination 8 No. G2 -21950 According to Robinson Noble (1995) there is potential for the subject Ranney collector well and surface water diversion to have a small effect on the WDFW wells. However, the proposed surface water diversion will not result in impairment of the WDFW rights, as the wells will be pumped and monitored according to the provisions established in temporary permit G2 -29018 and in accordance with the agreement between WDFW and the city of Port Angeles dated March 28, 2005. Since the Ranney collector is currently capturing groundwater in direct hydraulic continuity with the Elwha River, it is anticipated that there will be the same amount of groundwater available in the alluvial aquifer once the Ranney collector becomes active, following dam removal. This temporary change to the proposed surface water diversion would also allow the WDFW wells to have almost no drawdown effects since the Ranney collector would not be operating and providing additional groundwater to the WDFW wells. When dam removal is completed and turbidity levels in the Elwha have subsided it is recommended that ground water levels in the WDFW and the Ranney collector wells be measured to record any changes in baseline water levels resulting from dam removal or changes in river hydraulics and morphology. While the US Bureau of Reclamation suggests that the removal of the Elwha and Glines Canyon Dams is not anticipated to increase the channel movement of the Elwha River, the Elwha River is currently experiencing changes in groundwater levels due to river channel movement, and further changes may occur as a result of dam removal. As a cautionary note, if for any reason the Port Angeles Ranney collector and the WDFW wells become completely unusable from the dam removal process (i.e., either from flood damage or losing their production capacity because of the lack of hydraulic connection with the river), these wells must be properly decommissioned according to WAC 173- 160 -381. If the wells are usable at a lower pumping rate, an alternative would be to reduce the capacity of the Ranney collector well to remain in production while adding a replacement well. The Dry Creek Water Association, Inc. wells and other nearby wells up- gradient will not be affected from the city's new diversion. The US Bureau of Reclamation plans to build a dike along the Elwha River that will protect property and infrastructure (including the Dry Creek Water Assoc. Inc. wells). This dike will be designed to withstand a 100 year flood event on the Elwha River which will be built according to the post -dam projected river stage (2.5 feet higher then current river stage). Wells and surface water diversions operated by the Lower Elwha Klallam Tribe will be discontinued and replaced with water from the city's new diversion. New Tribal wells are proposed to be built following dam removal to provide cooling water for the tribal hatchery. These additional groundwater withdrawals are not anticipated to be impaired by the city's Ranney collector well or new diversion because of the high transmissivity in the Elwha alluvial aquifer, and because the new tribal well locations are far enough downstream from the city's Ranney collector, to be outside of the radius of influence of the collector. RECOMMENDATIONS: Establish a post dam base line monitoring of static water levels in the Ranney collector and WDFW wells (before, during and after dam removal) in cooperation with the Department of Ecology. It is recommended that a post dam survey of changes in river morphology as an indicator of potential changes in ground water discharge to base flows be assessed. Evaluation of a post dam removal groundwater budget may be useful in characterizing any significant changes in water levels. Any additional or replacement wells which may be installed as a result of channel migration or flood damage (including Ranney collector) should be pump tested consistent with WAC 173- 160 -321 and the Washington Department of Health Water System Design Manual, Appendix E, Recommended Pumping Test Procedures (August 2001). If any wells become unusable as a result of the proposed dam removal process (i.e., either from flood damage or significant loss of production capacity due to changes in hydraulic connection with the river), the wells must be properly decommissioned according to WAC 173- 160 -381. 2.4 Impairment Considerations I looked at the 4 sections encompassing the length of the river from the new point of diversion to the river's mouth (see Table 1). The sections 1 reviewed are Sections 10 3, T. 30 N., R. 7 W. W.M., and Sections 34 27, T. 31 N, R. 7 W, W.M. In addition to the Port Angeles rights there were 23 active water right documents listed for this area. All but two of these were for groundwater. Of the 23 documents, 7 were new applications. The remaining 16 water right documents include 8 claims, 2 permits, and 6 certificates. Because the Elwha River is known to recharge approximately 31 -40 cfs to groundwater, the subject aquifer is semi confined to unconfined and good hydraulic communication with the River is evident. The Ranney collector well and new diversion are not expected to affect flows on the Elwha River. Once the natural system is re- established and any river migration can be assessed, we recommend establishing new base levels for both surface and ground water from which post dam removal effects can be evaluated. Report of Examination 9 No. G2 -21950 2.5 Public Welfare Public Welfare considerations relevant to this project include the following: potential for saltwater intrusion, human health needs, promotion of regional public supply systems, potential for aquifer contamination /pollution, potential for cumulative impacts to other water rights /sources, consistency with water resource fundamentals, impacts to instream flows or perennial base flows, maximum net benefits to the state, impacts to water quality, effects on endangered or threatened species, impacts to aquatic habitat, and impacts to recreation or navigation. Steven Boessow from the Washington Department of Fish and Wildlife (WDFW) reviewed this water right change application. In a letter dated March 29, 2006, he stated that "the WDFW believes that the benefits associated with dam removal provide significant mitigation in relation to the impacts from the water diversion changes." A Hydraulic Project Approval (HPA) will be required for the artificial channel, the constructed riffle, and the diversion facility itself. Once the application for the HPA has been submitted it will be determined whether a screen intake is necessary to meet WDFW standards. 2.6 Consideration of Protests and Comments No protests were received as a result of these notices. No comments were made. Report of Examination 10 No. G2 -21950 File G2- 146379CL G2- 016863CL G2- 048471CL G2- '07856 G2- '07193CWRIS G2- 25391CWRIS G2- 25028CWRIS G2- 27055CWRIS G2 -28248 G2 -29421 G2 -28594 G2- 157797CL G2- 015743CL G2- 124263CL CG2 -21950 CS2- '02137CWRIS G2 -21950 S2- '02137CWRIS S2- CCVOL1 -2P43 G2 -27862 G2- 076022CL G2- 24548CWRIS G2 -27666 S2 -29395 S2 -29396 G2- 006306CL G2 -29018 G2- 22576CWRIS TOTAL RECORDS SELECTION CRITERIA Region TRS Cert 5617 Person BAIREY PATRICK BUDD ARTHUR W COLLINS MORGAN Dry Creek Water Association I Dry Creek Water Association Inc Dry Creek Water Association Inc Elwha Place Homeowners Association I Elwha West Water System Green Crow Partnership (Green Crow Partnership Green Crow Partnership HALBERG BROS I MCHAFFIE CLIFFORD PLUTE GEORGE I Port Angeles City 1328 Port Angeles City Port Angeles City 13281 Port Angeles City 1328 Port Angeles City Rainier Evergreen Inc RICHERT ROBERT J SHOTWELL JON G SHOTWELL JONATHAN Spragg Terry Spragg Terry TYDIARD HARRY L WA Department Of Fish Wildlife WETHERALO MILO 411 I I Southwest I 31 ON 07 OW 34,30 ON 07 OW 10,31 ON 07 OW 27,30 ON 07 OW 03,30 ON 07 OW 15 Stat Doc A Claim L A I Claim L A I Claim S A Pmt A 1 Cert A I Cert A Cert A 1 Cert A 1 NewApp A I NewApp A I NewApp A Claim L A Claim L A I Claim L A I ChgApp A I ChgApp A I Pmt A 1 Cert A CertChg A NewApp A Claim L A Cert A Pmt A NewApp A NewApp A Claim L A NewApp A Cert Pnonty Dt Purpose IDG IDG IDG 11/10/1965IMU 6/1/19641 DM 10/22/1979 DM 9/8/19781 DM 2/19/19871 DM 8/15/19911DM 9/30/19961 DM 7/22/199210M IDG I IR,DG IDG 7/22/2005IMU 7/22/2005 ICI 3/1/19741MU 8/12/1927 ICI 8/12/1927 FS 9/14/1990 DM DG 5/16/1977 OM 11/2/1989 DM 5/6/1996 MU,CI 5/6/1996 MU,CI ST,IR 2/2/1994 FS 6/5/1974 DM Qi UOM GPM GPM GPM 2250 I GPM 100 I GPM 180 GPM 92 1 GPM 93 GPM 100 GPM 80 GPM 200 GPM GPM GPM 1 GPM 22500 I GPM 150 I CFS 22500 GPM 150 I CFS 50 CFS 800 GPM _GPM 30 I GPM 103 GPM 3 02 CFS 3 02 1 CFS GPM 2000 GPM 20 I GPM Qa 1266 160 176 50 20 20600 20600 0 4 11 2 1 Table 1: Water Rights Tracking System (WRTS) report for Water Rights along the Elwha River Ir Acres WRIA 18 is 18 18 18 18 18 18 18 18 18 19 18 18 18 18 18 18 18 18 18 18 18 18 18 18 18 18 County CLALLAM CLALLAM CLALLAM CLALLAM CLALLAM CLALLAM CLALLAM CLALLAM CLALLAM CLALLAM C LALLAM C LALLAM CLALLAM CLALLAM CLALLAM CLALLAM CLALLAM CLALLAM CLALLAM CLALLAM CLALLAM CLALLAM CLALLAM CLALLAM CLALLAM CLALLAM CLALLAM CLALLAM TRS 30 ON 07 0W 10 31 ON 07 0W 34 130 ON 070W 10 30 ON 07 OW 10 30 ON 07 0W 10 1300N070W10 131 ON 07 OW 34 31 ON 07 OW 34 30 ON 07 0W 03 30 ON 07 0W 03 130 ON070W 10 131 ON 07 OW 34 1 30 ON 07 OW 10 30 ON070W 10 130 ON 07 0W 03 130 ON070W 10 30 ON070W 10 30 ON 07 OW 10 30 ON 07 OW 10 130 ON070W 10 130 ON 070W 10 131 ON 07 OW 34 31 ON 07 OW 34 30 ON 07 OW 10 1300N070W10 30 ON070W 03 30 ON 07 0W 03 30 ON070W 10 1 1 QOM IstSrc (WELL 1 NE/SE INE/SE 1E2/SW E2 /SW NE/NE 1 INE/NE NE/NE NW /NW W2/NE WELL WELL IWELL IWELL WELL WELL WELL WELL IWELL IWELL IWELL 1 IELWHA RIVER IOTHER IELWHA RIVER ELWHA RIVER WELL WELL WELL IWELL IELWHA RIVER ELWHA RIVER WELL I WELL I I I 3.0 CONCLUSION AND FINDINGS: The following discusses how the statutory authorities identified in Section 1.3.1 are met with this proposal. Chapter 90.03 RCW and Chapter 90.44 RCW authorize the appropriation of public surface and ground water for beneficial use and describe the process for obtaining water rights including the process to amend or change existing rights. Laws specifically governing the water right permitting process are RCW 90.44.050 through RCW 90.44.080, and RCW 90.03.250 through RCW 90.03.340. Under state law the following four criteria must be met for a permit to be approved. Water must be available There must be no impairment of existing rights The water use must be beneficial The water use must not be detrimental to the public interest Water Availability Groundwater It is anticipated that groundwater availability will remain the same following dam removal with the Elwha River valley. However, once dam removal sediments have been flushed through the river over an approximate five year period, water levels in nearby wells may vary in response to potential changes in river morphology. In this case it is recommended that a post dam removal groundwater budget be evaluated to understand the changes in groundwater availability for the city's Ranney collector as well as for the WDFW and tribal wells. Surface Water The Elwha River may be subject to low flow periods in periods (when diverting 200 cfs) during the dam removal period, but it is not anticipated that the surface water diversion will be affected from the low flows. It is therefore concluded that there will be ample water available for the requested appropriation. Imnairment of Existine Riehts This change will likely have little or no impact on water rights in the area The Ranney collector well and new diversion are not expected to affect flows on the Elwha River. There will be no impairment of existing rights. Beneficial Use According to RCW 90.14.031, municipal supply is considered a beneficial use Public Interest Table 2 Summary of Criteria for Public Interest Test for Ground Water Permit Number G2 -21950 Public Interest Test Criteria Comments Potential for saltwater intrusion Given the distance from saltwater the potential for saltwater intrusion is low. Human health needs Promotion of regional public supply systems Potential for aquifer contamination /pollution Potential for cumulative impacts to other water The impairment assessment indicates that other water users are not likely users to be prevented from withdrawing their allotted water. Consistency with water resource fundamentals of RCW 90.54 Impacts to instream flows or perennial base flows Maximum net benefits to the state Consistency with state and federal natural resource management plans, including analysis of ESA ramifications Impacts to aquatic habitat This proposal would provide a treated public drinking water supply which is especially important during the period of dam removal. This change will allow the municipal water supply to be available regardless of possible detrimental effects of dam removal. This application is not expected to result in aquifer contamination or pollution. This transfer meets the fundamentals of state water law, specifically: RCW 90.54.005 Objectives to provide water for residential needs RCW 90.54.920 No impairment of existing rights The transfer from groundwater to surface water will result in a possible minor short-term impact to instream flows in the Elwha River. This proposal will provide a reliable long -term alternative supply of safe drinking water for the city of Port Angeles, and contributes to the Elwha River restoration efforts. This proposal is consistent with local, state and federal management plans, and the potential negative impact to ESA species has been analyzed and has been found to be minimal and offset by the benefits to ESA species from the Elwha River restoration project. The Elwha River restoration project, of which this application is a part, will result in beneficial aquatic habitat. Impacts to recreation or navigation uses The Elwha River restoration project, of which this application is a part, will be beneficial to recreation or navigation uses of the Elwha River After considering these criteria, no detriment to the public interest could be identified during the investigation of this application for change. In addition, the change will be beneficial to the Elwha River restoration efforts. CONCLUSION: 1. The application meets the criteria for priority processing under Chapter 173 -152 WAC. 2. This permit represents a valid permit in good- standing, and as such is eligible to be changed as requested. 3. Water will continue to be used for a beneficial purpose, the supply of public water to a municipal population. 4. Issuance of this change is not expected to impair any existing water rights, whether junior or senior. 5. The change is not detrimental to the public interest. Issuance of this change is not expected to cause any detrimental affects to the natural environment. 6. The original findings drafted for this permit found that water was available for appropriation; the modification reflected by the issuance of a superseding document does not change our original determination. 4.0 RECOMMENDATION: In accordance with Chapter 90.03 RCW, I find that water is available from the source in question, that this is for a beneficial use, and will not impair existing water rights or be detrimental to the public interest. Based on my evaluation of this request, I recommend approval of this Application for Change and issuance of a superseding permit. A construction schedule currently exists for the development of another Ranney collector on this permit, for completion of construction by July 1, 2015, and water put to use by July 1, 2020. An additional construction schedule which applies only to the new diversion will be as follows: Begin project by July 1, 2010, Complete construction by July 1, 2011, PROVISIONS: This superseding permit is subject to the following provisions: "For the additional point of diversion, both sources can be interchangeably and or simultaneously utilized provided that the limits of the right are not exceeded. "If the criteria in RCW 90.03.386(2) are not met and a Water System Plan /Small Water System Management Program was approved after September 9, 2003, the place of use of this water right reverts to the service area described in that document. If the criteria in RCW 90.03 386(2) are not met and no Water System Plan /Small Water System Management Program has been approved after September 9, 2003, the place of use reverts to the last place of use described by Ecology in a water right authorization." A certificate of water right will not be issued until a final investigation is made. The permit is issued subject to Washington Department of Fish and Wildlife screening criteria as outlined in a hydraulic project approval. Please contact the Department of Fish and Wildlife, 600 Capital Way North, Olympia, Washington, 98501 -1091, Attention. Habitat Management Division, (360) 902 -2534, to obtain specified requirements for your project. The intake shall be screened at all times in accordance with Department of Fish and Wildlife screening criteria. This water right is issued subject to Washington Department of Fish and Wildlife Hydraulic Project Approval. Department of Ecology personnel, upon presentation of proper credentials, shall have access at reasonable times, to the records of water use that are kept to meet the above conditions, and to inspect at reasonable times any measuring device used to meet the above conditions. An approved measuring device shall be installed and maintained for each of the sources identified by this water right in accordance with the rule "Requirements for Measuring and Reporting Water Use Chapter 173 -173 WAC. Water use data shall be recorded daily. The maximum monthly rate of diversion /withdrawal and the monthly total volume shall be submitted to Ecology by January 31st of each calendar year. The following information shall be included with each submittal of water use data: owner, contact name if different, mailing address, daytime phone number, WRIA, Permit /Certificate /Claim No., source name, annual quantity used including units, maximum rate of diversion including units, monthly meter readings including units, peak monthly flow including units, Department of Health WFI water system number and source number(s), purpose of use, fish screen status, well tag number, open channel flow or pressurized diversion and period of use. In the future, Ecology may require additional parameters to be reported or more frequent reporting. Ecology prefers web based data entry, but does accept hard copies. Ecology will provide forms and electronic data entry information. Submit data to: Department of Ecology, SWRO /WR PO Box 47775, Olympia, WA 98504 -7775. Chapter 173 -173 WAC describes the requirements for data accuracy, device installation and operation, and information reporting. It also allows a water user to petition Ecology for modifications to some of the requirements. Installation, operation and maintenance requirements are sed as a docLment entitled "Water Measurement Device Installation and Operation Requirements REPORTED BY:" Report of Examination 13 Date: I orl- No. G2 -21950 Upon reviewing the above report, I find all facts, relevant and material to the subject application, have been thoroughly investigated. Furthermore, I find water is available for appropriation and the appropriation as recommended is a beneficial use and will not be detrimental to existing rights or the public welfare. Therefore, I ORDER a permit be issued under Ground Water Application Number G2- 21950, subject to existing rights and indicated provisions, to allow appropriation of public ground water for the amount and uses specified in the foregoing report. r Signed at Olympia, Washingto this J Q day of �G/a r� 2007. Thomas Loranger Water Resources Section Manager Southwest Regional Office Report of Examination FINDINGS OF FACT AND DECISION 14 No. G2 -21950 Attachment I Report of Examination Port Angeles/ Elwha River POW /POD Locations E1uZis' R7W° 4 yw T30N R7Vj1: I Ranney Collector k I I 1 1 A J WDFW Rearing Channel! Existing Surface Water Diversion New Surface Water Diversion (350 ft up over) Elwha Dam 0 0.25 0.5 16 t A A 1 Miles Legend Authorized Point of Withdrawal (Ranney collector well) Authonzed Point Diversion (Surface Water) Existing Point Diversion (Surface Water) Contour Lines State /Federal Highways Cities Lakes and Straight of Juan de Fuca Major Rivers 15 wen rIwn 1 `ti. T`' us a J ,I Lake Mills City of Port Angles Certificate 1328 and G2 -21950 Sec. 3 10, T3ON, RO7W WRIA 18 Clallam County iL Lake Aldwell f iAEAFk 51 ➢S IA1E Pill ,f hl C0L0GC Comments. GIS Map Produced by: John Pearch USGS Base Map Eiwha 7 1/2' quadrangle Ranney collector well 900 feet west and 1000 feel north of the SE corner of Sec 3 (existing) Surface Water Diversion. NE, NE, Sec 10, T30N, R7W (new proposed) Place of Use Area served by City of Port Angeles No. G2 -21950 WASSINITON STATE T E F O M I O T I F O r,MtMFMr OF ECOLOGY Fill out one Water Use Measurement Form No. 3 Pressurized Flow report for each meter measuring a pressurized flow. For multiple meters measuring the use of one water right, please identify the meter by either the name you use for the pressurized system or the meter's serial number. Pressurized pipe flows may be from surface diversions or groundwater withdrawals. If you record weekly volumes on the reporting form(s) provided by Ecology, and you send in the form with those readings for your report, the calculation of total volume can be done automatically when your data is entered into the database. If not, users will have to perform the calculations. Data on your water use under your water right Flow: You should make reasonable effort to take the peak flow measurement when demand is close to its maximum. If you report weekly readings, demand over time will be more representative. Please check the aaorooriate units and fill in the date. o For meters read manually: Enter the flow registered by the flow indicator. o For meters that do not have an indicator (only a totalizer): Measure the use over a period of several minutes to estimate the flow and use that value. For example, if 700 gallons is used over 3.3 minutes, report 212 gpm (700/3.3). o For meters with electronic data collection: Fill in the highest flow rate during the shortest interval data is collected. For example, if your meter takes a reading once every 15 minutes, then report the highest flow for a 15- minute period during each month. Monthly volume: Fill in the total volume used during each month based on the meter readings recorded. Please check the aoorooriate units. Total annual volume: Fill in the total amount of water used during the year. Please check the aoorooriate units. Peak instantaneous flow: Fill in the highest peak instantaneous flow that occurred during the last year. Please check the aoorooriate units. Comments: If a water source is not being used or data is not being collected, please provide an explanation in the comments section. Attach additional sheets if necessary. Contacts: Eva Richards 360 407 -6300 erich461(ecv.wa.aov Christy Dustrude 425 -649 -7000 cdus4610ecv.wa.aov Ken Schuster 509 575 -2490 ksch4610ecv.wa.aov Jeff Davis 509- 329 -3400 idav461c ecv.wa.aov If you need this document in an alternate format, please call the Water Resource Program at 360- 407 -6600. Persons with hearing loss can call 711 for Washington Relay Service. Persons with a speech disability can call 877- 833 -6341. ECY 070 -172 (Rev. 9/06) INSTRUCTIONS for Water Use Measurement Forms PRESSURIZED FLOW Southwest Regional Office PO Box 47775 Olympia, WA 98504 -7775 Northwest Regional Office 3190 160th Ave SE Bellevue, WA 98008 -5452 Central Regional Office 15 W Yakima Ave., Suite 200 Yakima, WA 98902 -3452 Eastern Regional Office 4601 N Monroe Spokane, WA 99205 -1295 'Of Name /Organization: Section Township Range Measuring Device name or number: Week January February March April May June Month Jan Feb Mar. Year Date Comments: ECY 070 -172 (Rev. 9/06) Meter Reading gallons ac -ft other Monthly Volume gallons ac -ft other Water Use Measurement Form No. 3 Pressurized Flow Fill out Form No. 3 ONLY if you have a pressurized flow (from either ground or surface water). Fill out one form for each measuring device. Total Annual Volume (1/4) Please check APPROPRIATE UNITS Peak Flow El gpm cfs other Week July (1 /4 1/4) August Sept. October November December Monthly Volume Month gallons El ac -ft other Month 'April I c July I IMay I Aug I IJune I Sept. I [1 gallons ac -ft other Date Water Right Number(s): Parcel No. Govt. Lot Meter Reading Peak Flow g allons ac -ft other El gpm Cl cfs other Monthly Volume Monthly Volume gallons ac -ft other Peak Instantaneous Flow Month 'Oct I INov. I IDec. gallons ac -ft other El gpm cfs other M ECOLOGY INSTRUCTIONS for Wat4r•`Use Measurement Form 1 OPEN CHANNEL and PRESSURIZED FLOW SYSTEMS Source of water: List the name of the water source associated with this measured point of diversion or withdrawal. User's name for point of diversion or withdrawal: Fill in the name that you or your organization uses to describe the diversion or withdrawal measured by this measuring device. Number of sources: If there is more than one source (e.g. several creeks or wells) measured by this measuring device, check yes. If only a single source is measured, check no. Number of diversions /withdrawals: If there is more than one point of diversion or withdrawal measured by this measuring device, check yes: If only a single diversion or point of withdrawal is measured, check no. Water rights or Claims: Please list all water right(s) associated with this metered point of diversion or withdrawal. t Information on Location of your measuring device :4 WRIA: The point of diversion or withdrawal is located in this Water Resource Inventory Area (WRIA). Section, township, range, quarter, and quarter quarter, or government lot: The point of diversion or withdrawal is located in this section, township, range, quarter, and quarter quarter, or government lot. DOH WFI For public drinking water systems only, fill in the Department of Health (DOH) Water Facility Inventory number (WFI DOH Source For public drinking water systems only, fill in the Department of Health source number for this diversion /withdrawal. If the device measures more than one point of diversion or withdrawal, provide information on the primary diversion point. Well tag number: Provide the unique well tag number for ground water wells if known. If the device measures more than one well, provide information on the primary well. If the well does not have a well tag, it is recommended that one be obtained by contacting the Well Drilling Coordinator in the Ecology regional office located nearest you. Latitude and longitude of measuring device in decimal degrees or degrees, minutes, seconds: Provide the location of the measuring device in decimal degrees such as 45.1111 °N, 119.2222 °W, if available, at least 4 numbers right of the decimal point. Otherwise, provide the location in degrees, minutes, and seconds, such as N,50 °,.30', 30.27,, W100 50', 25.2 if known. r Horizontal Datum: Horizontal Datum refers to the system used to project latitude and longitude.' For example, topographic maps typically use the North American Datum plane developed in 1927 (NAD 27). Another datum plane used is NAD 83, developed in 1983. Hand -held GPS locator units can select from among a number of datum planes. Please use NAD 27 or NAD 83 when using GPS to locate your measuring device, and provide the datum or projection that was used for determining latitude and longitude. If the datum plane is unknown, fill in "unknown Is the diversion or withdrawal located at the same place as the measuring device? Check the appropriate answer for your situation. Latitude and longitude of diversion or withdrawal in decimal degrees or degrees, minutes, seconds: Same directions as for latitude and longitude for the measuring device. If you need this document in an alternate format, please call the Water Resource Program at 360- 407 -6600 Persons with hearing loss can call 711 for Washington Relay Service Persons with a speech disability can call 877 833 -6341. ECY 070 -170 (Rev. 9/06) Information about your Measuring Device Type of device: Provide the type of measuring device for open channel flow (ramp flume, pressure transducer, weir and staff gage, etc.), or the type of measuring device for pressurized flow (propeller meter, insertion meter, etc.) Brand of device: Provide the name of the manufacturer for the measuring device. If the device was constructed on site (such as a flume built on -site) or there is no manufacturer, fill in "none Most recent calibration date or rating curve date (MM /DD /YYYY): Provide the date of the most recent calibration or validation of the accuracy of the measuring device. The meter maintenance manual (pressurized systems) or the designer of open channel flow devices should be able to tell you how often calibrations should be done. Does the diversion have a fish screen? By law, Ecology must ask if a fish screen has been installed on surface water diversions (gravity and pumped). Check the space indicating whether a fish screen is installed. Changes in status of the measuring device: Check the appropriate box and provide information and dates related to: o Changes in the measuring device o Reasons why readings may not be consecutive Contacts: Eva Richards 360 407 -6300 erich461aecv.wa.aov Christy Dustrude 425 649 -7000 cdus461eecv.wa.00v Ken Schuster 509 575 -2490 ksch461(a ecv.wa.aov Jeff Davis 509 329 -3400 idav461Calecv.wa.00v Southwest Regional Office PO Box 47775 Olympia, WA 98504 -7775 Northwest Regional Office 3190 160th Ave SE Bellevue, WA 98008 -5452 Central Regional Office 15 W Yakima Ave., Suite 200 Yakima, WA 98902 -3452 Eastern Regional Office 4601 N Monroe Spokane, WA 99205 -1295 Centra Krtfltas Yakima Kbc,lat If you need this document in an alternate format, please call the Water Resource Program at 360- 407 -6600 Persons with hearing loss can call 711 for Washington Relay Service Persons with a speech disability can call 877 833 -6341. ECY 070 -170 (Rev. 9/06) dret 2D„ The Pollution Control Hearings Board (PCHB) hears appeals from orders and decisions made by: 1. Local and regional air pollution control agencies or authorities. 2. The State Department of Ecology, and 3. Other agencies as provided by law. The Board's sole function is to give you, and all other litigants in the matter, a full and complete public hearing, as promptly as possible, followed by a fair and impartial written decision based on the facts and law. The Board is not affiliated with Department of Ecology or any other agency. To insure the Board's impartiality, the state Legislature created this independent, quasi-judicial state agency entirely separate from any other state, regional or local unit of government. The Board consists of three full -time members, who are appointed by the governor and confirmed by the State Senate for staggered six -year terms. One of the three must be an attorney. All are salaried employees of the State, who also serve on the Shorelines Hearings Board. pp :YOU':NEEIE 011 ATTOR <i �44V .4, 'ea= �;.,e:''l =ir r•'..'x- -,I� :*:'gym 'rte f -r�`7i `1•?Y,. �•�t s harta E 4 1 L 7101 t O N T A 1 4 42241= It ^AVeitpe E Abb atiey: a fitn_y op S .�C 459 A r3 �"lii:t`• ^.'1•..�. cfig Se """_.if. e i� r. y-` ==Dv' �'aT f:�•'= .sim`3:.i .4cc..t` n r =;?;tom _Adfdr ss "Your Right to Be Heard" This is your informal guide to your rights and responsibilities in an appeal. It is not exclusive and does not have force and effect of state law or regulation. ALTERNATE FORMAT AVAILABLE UPON REOUEST. More detailed information, in a chapter of the Washington Administrative Code entitled, "Rules of Practice and Procedure of the Pollution Control Hearings Board, WAe 371 -08," is available at your county law library or upon request. You may be represented by an attorney, but one is not required by law. However, you might want to consider whether a lawyer would be helpful, before you decide to represent yourself. The Board must RECEIVE your appeal within 30 days of the date that the copy of the order or decision was communicated to the appealing party. You must also serve, within 30 days, a copy of your appeal with the Department or Air Pollution Authority or other agency whose order or decision you are appealing. If it a permit you are appealing, such as a water right, you should also serve a copy of your appeal on the holder of the permit unless you are the perrnittees. Failure to observe the thirty (30) day deadline for filing with the Board and serving the Department or Air Pollution Control Authority or other agency will result in dismissal of the appeal. °'CONTENT�OTt1E 1PPEAf You need to supply the Board, in writing, with: Your name and address (mailing and legal, if different) and, if 'T 4 1 4 1 :4 7 1:04-2 Y r ice• ':fir :SC4:.:�'?�Y- :its:+. ;c ;;:i+ �AcY applicable, the name and address of your representative. A daytime phone number. A copy of the order or decision you are appealing, and if the order or decision followed an application, a copy of the application. A brief statement why, you are appealing. The relief you seek (what you want the Board to do). A statement, signed by you or your representative, attesting that the content of the appeal is true. l Fsx#it4�NtAP,f?,EC 31 Perhaps you have been granted a permit by the Department of Ecology, air authority or another agency, but another party has appealed. You have a right to defend the permit and are automatically a respondent in the appeal before the Board. All subsequent sections in this publication apply to you as well as to the appellant. When an appeal is filed, the Board will assign and notify you of a date,' time, and location for hearing the case. [,THE PRE- }}EARING.CONFERENCE Soon after the appeal is filed, a date and place for the pre hearing conference are seiecteo. It IS uaueuy held within 6 weeks. The conference has two main purposes: to help reach a settlement, and to prepare the case for hearing if settlement is not reached. The parties should come to the conference prepared to present a preliminary list of legal issues, proposed witnesses and exhibits. ANf15Siti'L�E_S€ Litigation is time and energy consuming for the parties. Each party needs to think about possible compromise. For settlement to .be reached, each side needs to offer something. Litigants are encouraged to begin settlement talks, without waiting for Board participation. The Board has a mediation program to assist parties in reaching settlement. If the parties settle, a written document containing the settlement terms will ultimately be signed by all, and filed with the 'Board, which may decide to dismiss the appeal If the settlement conforms to the law. r`4 ��t3 E� -0�E E�►t�!!7>�'..- Before the hearing you will want to prepare. You have the right to review the agency's file of their decision. Contact them to arrange a time and place to see the file. You and the other litigants have the right to find out in advance what witnesses and other evidence will -be- used at the hearing. This may be provided to you without formal procedures, such as by looking at public records. If done formally, this is known as discovery and is best accomplished with the assistance of a lawyer. Examples of formal discovery are: Deposition questioning witnesses before the hearing, under oath with a court reporter present. Interrogatory- presenting written questions to the other side. There are formal rules that apply to discovery. j 7 •y. At the hearing, it is important to be on time. An appellant's failure to appear may result in dismissal of the appeal. The second thing to do is relax. You will have your full opportunity to tell your sloe of me case, out mere is a court procedure to be followed, so that all sides can be heard in an orderly manner. The Presiding Officer for the Board manages the proceedings. A court reporter will record what is said. The appellant usually has the obligation to present his or her case first. Then, the respondents will present their case. Each side has the right to make an opening statement, briefly outlining what its evidence will be. Witnesses who are sworn to tell the truth, testify from their personal knowledge in response to questions. After direct testimony, the' witness answers questions asked by the other side during "cross examination The Board members may also ask questions. Persons essential to your case need to be present at the hearing to testify as witnesses, as the "hearsay" rule prevents you from testifying for them. Exhibits, such as letters, maps, eta may be offered as evidence. Before the hearing, number your exhibits and prepare an exhibit list. At the hearing, you will need to have the original and copies for each member of the Board, and for the other parties. After all the evidence has been presented, litigants can summarize their arguments in dosing statements. 1E. "iOARD'S1UECISI The Board will deliberate on the testimony, exhibits, and final arguments, before issuing a written decision. The written decision called "Findings of Fact, Conclusions of Law and Order" is prepared and mailed to all litigants generally within ninety (90) days. The Board's decision may be appealed to Superior Court within thirty (30) days from the date of the ORDER, or you may file a petition with the Board for a reconsideration within ten (10) days of the date of the ORDER QOE'r i.fSEg=TEtMS BOARD: The Washington State Pollution Control Hearings Board. DEPARTMENT: The Washington State Department of Ecology (Ecology). PERSON OR PERSONS: A citizen, a business firm, an association or a government agency. APPEAL A request for review of a decision filed with the Board. APPELLANT: A person or persons bringing the appeal. RESPONDENT: A person or entity on the other side of the dispute. LITIGANTS: All parties to the action. STIPULATION: An agreement by the parties. MITIGATED: Reducing, diminishing or lessening either the penalty or the impact of the proposed action. AIR POLLUTION CONTROL AUTHORITY: a local or.regional agency authorized under the Washington Clean Air Act, RCW 70.94, to issue orders and assess penalties for air pollution violations, and to issue notices of construction for new air emission sources. The Environmental Hearings.Office_ does not discriminate in employment or any of its services against persons with disabilities, and will make reasonable accommodations for any citizen who needs assistance to participate in our hearings or other activities. Judy /Office /PCHBPAMP 01/14/02 January 19, 2007 CERTIFIED MAIL 7005 1820 0003 7289 3238 City of Port Angeles 321 East 5th Street Port Angeles WA 98362 Dear Sir or Madame: RE: Ground Water Application for Change No. G2 -21950 Your Application for Change is approved. Enclosed is the Report of Examination (Ecology's Order and Determination) which summarizes our findings and represents our final decision. Please read through this report carefully, as it forms the basis for your superseding permit. Your superseding permit will be issued after the required 30 -day appeal period. Your right to appeal You have the right to appeal this Order to the Pollution Control Hearings Board. Pursuant to chapter 43.21B RCW, your appeal must be filed with the Pollution Control Hearings Board, and served on the Department of Ecology, within thirty (30) days of the date of your receipt of this document. To appeal this action or decision, your notice of appeal must contain a copy of the Ecology order, action or decision you are appealing. Mail your appeal to: Pollution Control Hearings Board PO Box 40903 Lacey, Washington 98504 -0903 Mail your appeal to: Department of Ecology Appeals Coordinator PO Box 47608 Lacey, Washington 98504 -7608 If we can provide any further assistance, please contact our office at (360) 407 -6300. Sincerely -4 Thomas Loranger Water Resources Section Man AND MAIL TO BOTH ADDRESSES BELOW Enclosures: Report of Examination "Your Right to Be Heard" STATE OF WASHINGTON DEPARTMENT OF ECOLOGY PO Box 47775 Olympia, Washington 98504 -7775 (360) 407 -6300 Deliver your appeal to: OR Pollution Control Hearings Board 4224 6 Ave SE Rowe Six, Bldg 2 Lacey, Washington 98504 -0903 AND Mail your appeal to: Tom Loranger Department of Ecology PO Box 47775 Lacey, Washington 98504 -7775 '7.38 b itiR( 1.8L._ 4, t. /Cp r sit, S. .1 i i r ii Ff0I (IGI' PRIORITY DATE March 1, 1974 NAME City of Port Angeles ADDRESS (STREET) (CITY) (STATE) 321 East 5th Street P.O. Box 1150 Port Angeles Washington SOURCE Elwha River and a Ranney Well TRIBUTARY OF (IF SURFACE WATERS) Strait of Juan de Fuca LOT 0 Surface Water (Issued in accordance with the provisions of Chapter 117, Laws of Washington for 1917, and amendments thereto, and the rules and regulations of the Department of Ecology Ground Water (Issued in accordance with the provisions of Chapter 263, Laws of Washington for 1945, and amendments thereto, and the rules and regulations of the Department of Ecology MAXIMUM CUBIC FEET PER SECOND 50 (alternate to Ranney Well Collector) QUANTITY, TYPE OF USE, PERIOD OF USE 20,600 Acre -feet per year BEGIN PROJECT BY THIS DATE Ranney Collector is Operational New surface diversion: July 1, 2010 STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AMENDED REPORT OF EXAMINATION CHANGE OF GROUNDWATER PERMIT TO APPROPRIATE PUBLIC WATERS OF THE STATE OF WASHINGTON APPLICATION NUMBER G2 -21950 PERMIT NUMBER G2 -21950 PUBLIC WATERS TO BE APPROPRIATED MAXIMUM GALLONS PER MINUTE 20,600 (13,500 gpm additive; 9,000 gpm non- additive to Water Right Certificates No. 874 and 2345 for the diversion of water from Morse Creek) Municipal supply Year round, as needed LOCATION OF DIVERSION/WITHDRAWAL APPROXIMATE LOCATION OF DIVERSION WITHDRAWAL Location of Ranney Well Collector: 1150 feet North and 1000 feet West from the SE Corner of Section 3, T.30N., R.7 W.W.M. Location of Proposed Alternate Surface Diversion. 1255 feet South and 1090 feet West from the NE Corner of Section 10, T.30N, R. 7 W.W.M. LOCATED WITHIN (SMALLEST LEGAL SUBDIVISION) SECTION TOWNSHIP N RANGE, (E OR W W M W R I A COUNTY SE '/4 SE 1/4 3 30 7W 18 Clallam NE 1/4 NE 1/4 10 RECORDED PLATTED PROPERTY BLOCK OF (GIVE NAME OF PLAT OR ADDITION) LEGAL DESCRIPTION OF PROPERTY ON WHICH WATER IS TO BE USED (Attachment 1 shows location of the authorized place of use and point(s) of diversion or withdrawal) The place of use (POU) of this water right is the service area described in the most recent Water System Plan /Small Water System Management Program approved by the Washington State Department of Health, so long as the City of Port Angeles is and remains in compliance with the criteria in RCW 90.03.386(2). RCW 90.03.386 may have the effect of revising the place of use of this water right. DESCRIPTION OF PROPOSED WORKS Existing Ranney Well Collector and Proposed New Surface Water Intake [the surface intake also will be used for diverting water to Water Right Certifies No. S2- *02137CWR1S (Certificate No. 1328) Certificate of Change S2- CCCVol1 -2P43] also to be used for diverting water to Water Right Certificate No. S2- *02I37CWRIS) DEVELOPMENT SCHEDULE COMPLETE PROJECT BY THIS DATE Additional Ranney Collector: July 1, 2015 New surface diversion: July 1, 2011 MAXIMUM ACRE FEET PER YEAR 20,600 WATER PUT TO FULL USE BY THIS DATE July 1, 2020 Report of Examination 1 No. G2 -21950 CERTIFICATE NUMBER (ZIP CODE) 98362 1.0 BACKGROUND: 1.1 Description of Puroose of the Proposed Chance REPORT On July 22, 2005 the city of Port Angeles submitted an application to the department of Ecology for an alternate point of diversion for a groundwater permit. This permit has as its source a Ranney collector on the bank of the Elwha River. The applicant proposes to move the point of diversion approximately 3,000 feet upstream of the Ranney collector well in response to the removal of two upstream dams. A new surface water diversion will be used to satisfy the groundwater right during the period after the dams are removed, and will function as an alternate source when turbidity is high enough to compromise use of the Ranney collector or in other emergencies. This record of examination addresses the application for change to provide an alternate source of diversion for ground water right permit number G2- 21950. The Elwha River originates in Olympic National Park, flowing in a northerly direction for 47 miles to the Strait of Juan de Fuca. The mean annual flow of the Elwha River is estimated at 1,508 cfs. (Lower Elwha River Groundwater Resource Evaluation, December 2001) The Elwha River watershed is in Water Resource Inventory Area (WRIA) number 18 (Elwha- Dungeness). In the early 1900's the free flowing Elwha River was blocked by two hydroelectric dams, neither of which was built with means to pass the 10 runs of native anadromous salmon and trout that had used the river for spawning and rearing for centuries. Since it was completed in 1913, the Elwha Dam has prevented migrating salmon and trout from using the upstream 70 miles of mainstem and tributary habitat. The Glines Canyon Dam was completed farther upstream in 1927. These dams are the primary cause of the precipitous decline of salmonid populations to fewer than 3,000 naturally spawning fish today compared to an estimated 392,000 fish prior to dam construction. The loss of fish from 93% of the Elwha River has resulted in severe impacts to the entire Elwha River ecosystem. (Elwha River Ecosystem Restoration Implementation, Final Supplement to the Final Environmental Impact Statement, Summary, July 2005) The Elwha River Ecosystem and Fisheries Restoration Act of 1992 (PL 102 -495) authorized the Secretary of the Interior to acquire and remove the Elwha and Glines Canyon dams on the Elwha River to fully restore the ecosystem and native anadromous fisheries. The National Park Service completed two Environmental Impact Statements (EIS). EIS -1 found that both dams must be removed to meet the goals of the Elwha Act. EIS -2 recommends allowing sediments accumulated within the reservoirs to naturally erode downstream. Starting in 2009, the 108- foot -tall Elwha Dam and the 210 foot -tall Glines Canyon Dam will be dismantled in stages, reopening 70 miles of prime salmon and steelhead spawning habitat. The Elwha project offers a unique opportunity to fully restore a river given that nearly the entire river's watershed is preserved in Olympic National Park, free from human impacts. Taking out the two dams is expected to increase the amount of silt in the river since some 18 million cubic yards of dirt and gravel have been trapped behind the dams over the last 93 years. The resulting flooding and increased silt will affect both the diversion site for the surface water diversion and the capacity of the Ranney collector. In addition, it will affect the quality and quantity of water available for the state and tribal fish hatcheries. Removing both dams and allowing the ecosystem to restore would open up over 70 miles of largely pristine salmon habitat. Dam removal is expected to produce approximately 390,000 salmon and steelhead in about 30 years, compared with less than 50,000 fish if the dams were fitted with upstream and downstream fish passage facilities. About 4,000 wild salmon now spawn in the five miles of river between the lower dam and the Strait of Juan de Fuca. Olympic National Park is a World Heritage Site and Biosphere Reserve. Ninety -five percent of the park's terrain is designated wilderness. The Elwha River is the largest watershed in the park, comprising 19% of the park's total land mass. The removal of the two dams will restore free flows to the Elwha River 1.2 Attributes of Water Rinhts Attributes of Ground Water Permit Application: G2 -21950 Name on permit: City of Port Angeles Priority Date: March 1, 1974 Instantaneous Quantity (Qi): 22,500 gallons per minute (50 cubic feet per second) Annual Quantity (Qa). 20,600 acre feet/year Purpose: Municipal supply Source: Elwha River, Ranney collector Point of Withdrawal:. SE 1/4 of SE 1/4 of Section 3, T. 30 N., R. 7 W. W.M. Place of Use: Area served by Port Angeles Proposed Change: Point of Diversion: See Attachment 1 for a map of the points of withdrawal. NE 1/4 of NE 1/4 of Section 10, T. 30 N., R. 7 W. W.M., New surface water diversion 3,000 feet upstream from the old diversion location, as an addition of an alternative source to be used in anticipated periods of high turbidity during the removal of the dams, and other emergencies. Report of Examination 2 No. G2 -21950 1.3 Legal Reauirements for the Proposed Change 1.3.1 Statement of Authorities The Revised Code of Washington (RCW) Chapters 90.03 and 90.44 authorize the appropriation of public water for beneficial use and describe the process for obtaining water rights including the process to amend or change existing rights. Laws specifically governing the water right permitting process are RCW 90.03.250 through 90.03.340 and RCW 90.44.060. Changes or amendments to these rights are covered under RCW 90.03.380 and RCW 90.44.100. Specific legal requirements pertinent to this change are: Change must not result in detriment or injury to existing rights, RCW 90.03.380(1) Change must be limited to water that has been beneficially used, RCW 90.03.380(1) Change must not result in enlargement of water right, RCW 90.44.100(2) Change must not injure the public welfare, RCW 90.03.380(1) Watershed Plan A watershed plan for the Elwha Dungeness watershed (WRIA 18) was adopted by the Clallam County Board of Commissioners on June 7, 2005. Formal instream flows were not set in the rule, although recommendations were made for instream flows for most of the streams in the WRIA. Instream flow recommendations were not made for the Elwha River. The establishment of flow requirements was deferred for the Elwha River mainstem until the river has stabilized sufficiently after the dams are removed to assess habitat suitability and fish flow needs. Meeting the Criteria for Priority Processing As a change application, this application may be processed before any new applications. There are 13 pending change applications in WRIA 18, but within the Elwha drainage there are only the two change applications pending, which are the two submitted by Port Angeles (this change application, and its companion change application for the surface water diversion (1328.) Of those 13 change applications this change application is the last in order. However, the application has been determined to meet the criteria for priority processing for the reasons outlined below, and may be processed immediately. The Department of Health (DOH) has confirmed the public health significance of this application. Ecology received a letter on May 2, 2005 from Denise Lahmann at the Southwest Drinking Water Operations of DOH supporting the change in the point of diversion to provide a reliable source of water, to meet current and future drinking water standards, and to avoid unreasonable treatment costs resulting from water quality issues potentially caused by the removal of the Elwha dams. The DOH letter states that they believe that the proposed Elwha River surface water diversion and new filtration plant will protect public health by providing safe and reliable drinking water to the residents of Port Angeles. WAC 173 -152 -050 (c) allows an application to be processed prior to competing applications when there is a public health concern. Because the alternate point of diversion for this right will provide a source for the city's municipal drinking water permit and will funnel water through the temporary water treatment plant, Ecology agrees that the pubic health significance does apply. In addition to the benefits of this project for the city of Port Angeles, the restoration of the Elwha River is in the state and national interest, and will result in significant environmental benefit. 1.3.2 Public Notice A public notice detailing this proposed change was published in the Sequim Gazette for two consecutive weeks starting on September 14, 2005. An amended notice to rectify a typographical error regarding the quantity of water in the permit was published in the Peninsula Daily News on December 9, 2005. A second amended notice which included the conveyance of water to the tribal fish hatchery was published in the Sequim Gazette for two consecutive weeks starting on February 8, 2006. Due to a typographical error in the notice, it was republished in the Sequim Gazette for two consecutive weeks beginning on March 22, 2006. No protests were received as a result of these notices. 1.3.3 State Environmental Policy Act (SEPAL The city of Port Angeles has worked in cooperation with Olympic National Park and the United States Bureau of Reclamation to develop alternatives that will satisfy the delivery of drinking water after the Elwha dams are removed. Two Environmental Impact Statements and a supplement were completed to analyze alternatives to address mitigation for the effects of the removal of the two dams on the Elwha River The Elwha River Ecosystem Restoration: Final Environmental Impact Statement (June 1995) and The Elwha River Ecosystem Restoration Implementation Final Environmental Impact Statement (November 1996). A supplemental EIS was prepared because there were substantial changes to the selected action regarding water supply, water quality, and flood control mitigation (Draft December 2004, and Final July 2005). Clallam County was designated as the lead for this project for the SEPA review (State Environmental Policy Act of 1971, Chapter 43.21 RCW). The county reviewed the documents described above used to meet the National Environmental Policy Act of 1969 (NEPA) (P.L. 91 -190, 42 USC 4321 -4347) to determine if they met the requirements of SEPA. On June 13, 2006, after reviewing comments from state, local and tribal agencies, Clallam County issued a Determination of Significance and Adoption of Existing Environmental Document. This means that Clallam County has determined that the existing NEPA Environmental Impact Statements meet the requirements of SEPA Report of Examination 3 No. G2 -21950 2.0 INVESTIGATION: This investigation was conducted by Peggy Clifford In considering this application, my investigation included review of information submitted by the applicant and other reports by agencies working on the Elwha River Restoration Project, a visit to the site, a review of the existing water rights and well logs on file in the vicinity, topographic and local area maps, SEPA requirements, comments from other state agencies, and the Department of Ecology's records. Documents that were used in the investigation and preparation of this report are: The Elwha River Ecosystem Restoration Final Environmental impact Statement, U. S. Department of the Interior, National Parks Service (June 1995), The Elwha River Ecosystem Restoration Implementation: Final Environmental Impact Statement, U S. Department of the Interior, National Parks Service (November 1996), The Elwha River Ecosystem Restoration Implementation: Draft Supplement to the Final Environmental Impact Statement, U S. Department of the Interior, National Parks Service (December 2004), The Elwha River Ecosystem Restoration Implementation Final Supplement to the Final Environmental Impact Statement, U S Department of the Interior, National Parks Service (July 2005), Elwha Surface Water Intake Facilities Predesign, City of Port Angeles, Basis of Design, Final Report, URS (October 2004) Elwha River Water Quality Mitigation Project Planning Report, Draft Report, URS (January 2002) Lower Elwha River Groundwater Resource Evaluation, Port Angeles, Washington, prepared for the U S. Bureau of Reclamation by URS (December 21, 2001) DRAFT Water System Plan, City of Port Angeles (November 2001) Memorandum of Understanding Between the National Park Service and the City of Port Angeles and the Lower Elwha Klallam Tribe for the Design, Permitting, Construction, Operation, and Maintenance of Water Treatment or Related Facilities Pursuant to the Elwha River Ecosystem Fisheries Restoration Act (August 6, 2004). Elwha Rearing Channel Production Wells for Washington State Department of Fish and Wildlife, Robinson Noble, Inc. (December 1995) Ranney Method, Report of Performance Test Groundwater Collector No. I, City of Port Angeles, Washington, Western Corporation (December 1977) Ranney Method, Controlled Pumping Test: Ranney Collector No. 1, City of Port Angeles, Washington, Western Corporation (June 8, 1994) Groundwater, Freeze, R A. and Cherry, J.A. (1979) Geologic Map of the Elwha and Angeles Point 7 5- minute Quadrangle, Washington Department of Natural Resources, Polenz, M, Wegmann, K. W., and Schasse, H W (June 2004) Water System Design Manual, Appendix E, Recommended Pumping Test Procedures, Washington Department of Health (August 2001) Washington Administrative Code (WAC) Chapter 173 -160, Minimum Standards for Construction and Maintenance of Wells National Parks Service website http:// www. nps .gov /olym /elwha/documents.htm A memorandum written by Department of Ecology staff licensed hydrogeologist, John Pearch, summarizing area hydrogeology (June 20, 2006) A letter from Steven Boessow, fish biologist, Washington Department of Fish and Wildlife (March 29, 2006) Existing water rights on file for the water system Records of other water rights in the vicinity Aerial photographs of the site Topographic and local area maps Site Visit On September 23, 2005, I visited the Port Angeles facility with Steve Sperr, who is an employee of Public Works department of the city of Port Angeles. We viewed the current point of diversion for the surface water certificate, and the proposed new location for the diversion. We also viewed the Ranney collector. The site is located in Clallam County, west of the city of Port Angeles, within the Elwha River watershed, in Water Resource Area 18. On October 13, 2005 I toured the same area with a group of employees from local, state and federal governments involved in the Elwha River Restoration Project. We again viewed the current and proposed points for the surface water right diversion, and the Ranney collector. We also viewed the two dams which are slated for removal, the existing tribal fish hatchery and the site of the new tribal fish hatchery. in addition, we viewed the location of a new well field currently under application review for a permit to supply water for the state fish hatchery (application no. G2- 29018). The well field is located adjacent to the Ranney collector and the surface water diversion. 2.1 History of Water Use An application for a groundwater right for municipal supply was filed with Ecology by the city of Port Angeles on March 1, 1974. The application was for a Ranney Well(s) infiltration system for 50 cfs, or 22,500 gpm, or 20,600 acre feet per year to supply the area served by Port Angeles. Previously the municipal water supply for the city came from a diversion on Morse Creek. Use of groundwater was thought to avoid expensive treatment methods required for surface water. Report of Examination 4 No. G2 -21950 Construction of a Ranney Well was completed in 1977, and consists of a 13 -foot diameter concrete caisson extending to a depth of 62 feet below ground surface. From the bottom of the caisson, seven 10.75 -inch outside diameter, horizontal screen laterals extend outward providing a total screen length of 528 feet. Pumping facilities in the Ranney collector consist of two 660 horsepower pumps rated at 3,700 gpm each at 530 feet total dynamic head. The water from the Ranney collector is disinfected by gaseous chlorine that is fed from 1 -ton cylinders to the water before release to the city of Port Angeles' municipal water distribution center. In 1985, the city observed a decline in collector capacity. The water level would decline with both pumps running until the low -level alarm was reached and one pump would automatically shut -off. The data for the collector was examined and it was concluded that the decline was due to the migration of the river channel. The permit was extended until July 1, 2020 to complete the construction of an additional well. The city is currently using an average of 5.4 cfs per day (average over the past year), with one day peaks as high as 15.4 cfs per day, for municipal water supply. The annual quantity is approximately 3800 acre -feet per year. The city projects a demand of 4200 acre -feet per year by 2025. This application is to move the point of diversion from the Ranney well to a surface water diversion located 225 feet up river from the current surface water intake, and 3000 feet upstream of the Ranney collector, for the duration of the dam removal and for a period of time afterward until the river stabilizes. After that point the diversion will be used as an alternate source of water for the Ranney well. 2.1.1 Proposed Use Chanee to add an Alternate Point of Diversion. Currently, water for the city's industrial and fish rearing clients is supplied by means of a rock diversion structure and intake along the river. The municipal water supply is provided by groundwater from the Ranney collector. During the time of the dam removal, and in the period of high turbidity afterward, water for both industrial and municipal needs will be supplied by treated surface water. A new weir and intake structure will be built upstream 225 feet from the existing diversion structure because the existing diversion structure may be unstable during very high flow conditions. The weir will be designed to pass all fish and sediment. The new intake facility will be designed to divert up to 200 cfs to meet the city's current ability to withdraw water for fish rearing and industrial purposes, to serve as an alternate diversion for the municipal drinking water source supplied by the Ranney collector, and to provide water to the Lower Elwha Klallam Tribe's new fish hatchery consistent with the city's agreement. The new diversion will be located at river mile (RM) 3.48. This location was determined based on site investigations and the results of a physical model that was constructed and operated at the Bureau of Reclamation's hydraulics laboratory in Denver, Colorado. This location will provide adequate head for flow of river water to the location of the new Elwha water treatment plant (EWTP). Water collected from this intake will be routed through the EWTP. The EWTP will be located near the existing industrial intake channel at RM 2.8., and will treat water during spikes of turbidity. The plant will supply treated water to the tribal hatchery, the Nippon Paper industries treatment facility, the fish- rearing channel, and will serve as a back -up to a new municipal Port Angeles water treatment plant (PAWTP) during and for a period of time following dam removal. The city's current Ranney collector has been reclassified from groundwater, to "groundwater under the influence of surface water," by the Washington Department of Health in a letter dated April 25, 2000. The designation is based on testing results that suggest that the water from the city's Ranney collector is hydraulically connected to the surface water of the Elwha River. The Ranney collection facility must now meet requirements for treatment under both the enhanced surface water treatment rule and disinfection rule. Utilizing the surface water diversion as an alternative source for this right will allow treatment of water through the EWTP until construction of the new treatment plant (PATWP). Limited bench testing of the material behind the dams indicates a Ranney collector could be ineffective during periods of high turbidity because the aquifer would be susceptible to blinding (i.e., "sealing" of the surface). A surface water diversion to ensure supply during these times is considered preferable because of its predictability. The capacity of the new diversion and intake system would be sufficient to serve as a short-term or possibly long -term backup for the city's municipal customers if needed. It would also be a more reliable source of water than a subsurface Ranney collector or infiltration gallery during dam removal. During periods of high turbidity, a surface supply would allow the city to turn the Ranney pumps off and prevent potential plugging of the subsurface sand and gravels. When these high turbidity pulses have passed, and when sediments have stabilized several years after the dams are removed, the city would be able to revert to the use of the Ranney well and send water collected from it directly to a new water treatment plant. 2.2 Other Water Riuhts Appurtenant to the Place of Use Of the 206 cfs of state issued water rights on the Elwha River, the city of Port Angeles holds 200 cfs this 50 cfs groundwater right permit for municipal purposes at the Ranney collector at RM 3.0, and a 150 cfs surface water right certificate for the industrial intake channel at RM 3.5. The surface diversion currently provides water to two users the Nippon paper and pulp mill and the WDFW fish- rearing channel. Private landowners, the Dry Creek Water Association (5.58 cfs), and the Elwha Place Homeowners' Association (0.4 cfs) also hold groundwater rights. The Lower Elwha Klallam Tribe and the tribal fish hatchery withdraw approximately 10 cfs. The United States holds additional unquantified water rights in trust for the tribe; these rights are not issued by or registered with the state. Report of Examination 5 No. G2 -21950 An application was submitted in 1994 by the Washington Department of Fish and Wildlife (WDFW) for a permit to drill new wells for fish propagation purposes. A maximum withdrawal rate of 2,000 gallons per minute (gpm) was requested. The well field is located at WDFW's Elwha hatchery and rearing channel site adjacent to the city of Port Angeles' Ranney well and surface water diversion. 2.3 Hvdroeeoloeic Evaluation The capacity of a Ranney (radial) collector is based on the same principles as a vertical well; however, it is a larger effective radius than a vertical well because of the horizontal laterals located at the base of the collector pumping chamber. The yield from a radial collector is highly dependent on not only the permeability of the aquifer materials, but also proximity to and recharge from the river. A pump test was conducted on the Ranney collector at 7,685 gpm in 1977 with a drawdown of 19.4 feet in the collector. The static water level at the time of testing was approximately 54.6 feet MSL with the Elwha River level at 54 feet MSL. By considering the area underlain by the laterals equivalent to the circular area, the effective radius of the Collector is 49 feet. Details of the aquifer testing are presented in a report prepared on the Ranney Method by Western Corporation dated December 1977. Aquifer testing information presented in the report indicated that the transmissivity of the aquifer is in the range of 264,000 gallons per day per foot and the effective distance to the line of infiltration (i.e. the Elwha River) was calculated to be 242 feet. However, a more recent pump test (Ranney Method by the Western Corporation dated June 8, 1994) had found that the line of river infiltration had increased to 678 feet. The increase in distance and corresponding decline in collector capacity were attributed to loss of river flow in a side channel and increased distance (by 130 feet to the west) to the main channel of the Elwha River. River migration may play a significant role in the production of the existing and any potential new Ranney collectors. HYDROGEOLOGIC SETTING: This section describes in general terms of the geology, hydrogeology and hydrology along portion of the lower Elwha River valley, from the north limb of the Clallam syncline located within Section 10, T. 30 N., R. 7 W. W.M., to the confluence with Straits of Juan de Fuca, located within Section 27, T. 31 N, R. 7 W. W.M. The lower Elwha River valley is hydrogeologically complex because of the sequences of alluvial, glacial and older non glacial sediments deposited within the valley. However, the occurrence of groundwater is predominantly in the recent (Holocene) alluvial deposits and glacial outwash deposits. The URS (2001) report identified six hydrogeologic units in the area which are listed from youngest to oldest: Recent alluvium (Qal) is identified as the principal aquifer by USBR on the basis of the number of wells completed within in the unit and material characteristics. Most community domestic water wells operating in the area withdraw from this aquifer. The recent alluvium consists primarily of coarse grained sand and gravel deposits within the uppermost portion of the deposits underlying the river valley. The aquifer is underlain by older, glacial and non glacial deposits, or sedimentary rock. The recent alluvium is typically between 50 and 100 feet thick in the valley. Wells in the alluvium are typically yield more than wells completed in glacial deposits capping the upland areas that flank the valley. The specific capacity of wells completed in the recent alluvium are typically greater than 10 gallons per minute per foot of drawdown (gpm/ft) and range to more than 100 gpm /ft, which allows for sustainable pumping rates of 100 to 1,000 gpm. This aquifer is the primary source of groundwater for the city of Port Angeles well. Recessional glacial outwash (Qvr) is exposed locally on the surface of bluffs overlooking the river valley. The unit consists of coarse sands and gravels that typically yield little water and are unsaturated. Available information indicates that these materials are not used for water supply. These outwash deposits may also be present beneath the alluvium in the valley. Glacial till (Qvt) consists of a mixture of clay to boulder -sized materials that has a low permeability and generally acts as confining layer for groundwater on the uplands surrounding the valley. Usable quantities of water may be obtained from more permeable lenses of sand and gravel within the till. The till deposits are exposed in the bluffs bounding lower portion of the river valley and are between 50 and 150 feet thick. Wells completed within localized pockets of clean sand and gravel within the till supply less than 20 gpm. Non- glacial deposits are silty and clayey deposits inferred to be of marine or deltaic origin and are locally present near the Elwha River confluence with the Strait of Juan de Fuca. The non glacial deposits are typically between 20 and 50 feet thick and do not yield appreciable water to wells. Older glacial deposits (Qpt) consist of an outwash deposit between 100 and 150 feet thick overlying bedrock containing gravel and sand with some cobbles. The deposit thins to the south and was not encountered in many well borings that penetrated to bedrock in the uplands surrounding the Lower Basin. Wells completed in this deposit reportedly yield less than 20 gpm. Bedrock The oldest hydrogeologic unit is a sedimentary rock composed principally of siltstone and sandstone of the Twin River Group (Hoko River Formation (Polenz et al., 2004). The Crescent Formation (basalts) is also present along the lower Elwha River valley and restricts the Elwha River (bedrock notch) from upstream of the Elwha rearing channel to the Elwha Dam. A few wells in the valley (south of SR 112) obtain groundwater from the bedrock units. Wells completed in the uppermost portion of this unit are Report of Examination 6 No. G2 -21950 assumed to be hydraulically connected with the overlying surficial deposits and reportedly yield less than 20 gpm. The saturated portions of the recent alluvial and glacial materials serve as an unconsolidated sedimentary aquifer which is bound by bedrock below. Recharge to the surficial sediments is from precipitation and infiltration from the Elwha River. Groundwater flow in the alluvial aquifer is generally south to north in the lower Elwha River valley, sub parallel to the river trend. Water levels in the recent alluvial aquifer within the river valley are generally consistent with river level elevations, suggesting a high degree of hydraulic communication between the river and the aquifer. Groundwater is typically unconfined. However, confined conditions were observed in the Lower Elwha River Klallam Tribal Fish Hatchery well which is constructed into the older glacial deposits. Groundwater discharge is typically to the Elwha River near the confluence with the Strait of Juan de Fuca or to pumping wells. According to the URS (2001) report, the transmissivity is consistent with that of a coarse gravel aquifer. URS (2001) identified differences in ground water conditions compared to pumping tests conducted for the WDFW well (Robinson Noble, 1995). URS (2001) identified groundwater to occur under unconfined conditions, where no confining units were observed in the valley up- gradient of the Elwha Tribal Hatchery during drilling, and no clear evidence of artesian conditions was apparent from water -level measurement. However, Robinson Noble (1995) reported groundwater to occur locally under confined conditions. According to Freeze and Cherry (1979), a confined aquifer is confined between two impermeable confining beds (e.g. clay) where no groundwater can leak through the confining beds. However, the wells in the Elwha Rearing Channel, all penetrate interfingered deposits of silty sand layers which most likely represent leaky semi confined conditions. The lower permeable deposits are not thought to be extensive, but locally show the influence of a thin, leaky bed that is sufficiently permeable to transmit water from the overlying unconfined aquifer into the semi confined aquifer. Surface Water Hydrology— Elwha River flow exceedance probability As precipitation begins to diminish in the spring, stream flow in the Elwha River is supplemented by melting snow from the Olympic Mountains. Specific hydrological data is available from the United States Geological Survey (USGS), which provides daily exceedance flow values for the streams and rivers throughout Washington. (Exceedance flows are the flows expected to be exceeded a specific percentage of the time: e.g. the 50 percent exceedance flow would be exceeded 50 percent of the time.) The graph in Figure 1 shows the range of flows expected throughout the year based on daily averages during the period of record, 1897 -2004, at the USGS gage (no. 12045500) near McDonald Creek Bridge at river mile 8.6. Gage no. 12045500 is located upstream from the study sites in this report. The flow data from the Elwha and Glines Canyon Dams tend to mimic natural or historic flow since the flow is almost entirely through -flow (except for about 10 years of reservoir control in the 1930s). However, the hydrographs in Figure 1 only show the normal range of river flows with past and existing diversions in use. According to the USBR (personal conversation, Dick Bauman, March, 2006), the Elwha River flow is projected to be about the same following dam removal. The current USGS gage on the Elwha River at the McDonald Bridge is located between the two reservoirs (Lake Aldwell and Lake Mills). Flows as measured at the upstream site closely approximate flows at the city diversion because the projects are run -of- river, there are insignificant intervening inflows, and there are minor differences in watershed drainages. Hence, flows at the city's surface water diversion location mimic flows from the USGS gage. Report of Examination 7 No. G2 -21950 6000 5000 4000 3000 0 LL 2000 1000 Flow Exceedence Probability Hydrograph 0 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Time of Year Figure 1: Elwha River Flow exceedance probability hydrograph (USGS Station no. 12045500, Period of Record 1897 -2004) Relationship between the Body of Public Groundwater and the Orieinal Source CIE -10% Exceedence —S- Daily Mean 50% Exceedence 90% Exceedence The Ranney well is completed within an unconsolidated aquifer that is in direct hydraulic continuity with the Elwha River, and is withdrawing Elwha River water. The proposed point of diversion will be drawing water from the same source, the Elwha River, as the original point of withdrawal at the Ranney collector well as a result of surface water ground water interaction. If water is not withdrawn from the Ranney collector well, it will be available for diverting at the subject surface water diversion location. Impairment on Existine Water Rights Summary A well log search indicated domestic, some irrigation, and municipal wells are located adjacent to the Elwha River valley. Most wells are upgradient of the Elwha Rearing Channel and completed into bedrock (basalt and sandstone) or adjacent glacial deposits and will not be impaired by the subject change. Several wells downgradient of the city's Ranney collector well and new surface water diversion are, however, completed in unconsolidated sediments of the Elwha River valley. Although the data provided by well logs suggests variation in aquifer properties, it should be noted that the majority of, if not all of, the wells do not fully penetrate the alluvial aquifer and that additional aquifer thickness is available. Aquifer properties do not appear to be limiting factor for current water users. Available drawdown in wells within the alluvial aquifer (approximately 2.5 miles down gradient of the proposed change) appears to be adequate (ranging between 10 and 96 feet). In addition, wells that are completed in the alluvial aquifer in the Elwha River valley have a very high specific capacity (25 to 333 gpm/feet of drawdown). The high specific capacity is due to the direct hydraulic communication with the Elwha River which enables wells to produce an ample amount of water making them less likely to be impaired. With the exception of the WDFW wells, all other wells within the alluvial aquifer are outside of the radius of influence of the Ranney collector well and far enough downstream. This particular change would actually provide additional groundwater in the alluvial aquifer while the Ranney well is shut down during the dam removal period. A Department of Ecology Water Right Tracking System (WRTS) query was conducted in the 4 sections encompassing the length of the river from the city's new point of diversion to the river's mouth (table 1). In addition to the Port Angeles rights, there were 23 active water right documents listed for this area. All but two of these were for groundwater. The four WDFW wells under water right permit number G2 -29018 are potential candidates for impairment. The nearest WDFW Well (95 -3) is only 200 feet away from the city's Ranney collector. The other WDFW wells (95 -1, 95 -2 and WB -2) are approximately 1,000 feet or greater from the Ranney collector. The new surface water diversion /intake structure is proposed to be installed at approximately 200 feet upstream of the existing rock diversion dam (about 1600 feet up gradient of the WDFW wells). The city's new control weir /diversion will be about the same elevation (69.0 feet) as the existing rock diversion dam and is not anticipated to result in any changes in static water levels in the WDFW wells. Report of Examination 8 No. G2 -21950 According to Robinson Noble (1995) there is potential for the subject Ranney collector well and surface water diversion to have a small effect on the WDFW wells. However, the proposed surface water diversion will not result in impairment of the WDFW rights, as the wells will be pumped and monitored according to the provisions established in temporary permit G2 -29018 and in accordance with the agreement between WDFW and the city of Port Angeles dated March 28, 2005. Since the Ranney collector is currently capturing groundwater in direct hydraulic continuity with the Elwha River, it is anticipated that there will be the same amount of groundwater available in the alluvial aquifer once the Ranney collector becomes active, following dam removal. This temporary change to the proposed surface water diversion would also allow the WDFW wells to have almost no drawdown effects since the Ranney collector would not be operating and providing additional groundwater to the WDFW wells. When dam removal is completed and turbidity levels in the Elwha have subsided it is recommended that ground water levels in the WDFW and the Ranney collector wells be measured to record any changes in baseline water levels resulting from dam removal or changes in river hydraulics and morphology. While the US Bureau of Reclamation suggests that the removal of the Elwha and Glines Canyon Dams is not anticipated to increase the channel movement of the Elwha River, the Elwha River is currently experiencing changes in groundwater levels due to river channel movement, and further changes may occur as a result of dam removal. As a cautionary note, if for any reason the Port Angeles Ranney collector and the WDFW wells become completely unusable from the dam removal process (i.e., either from flood damage or losing their production capacity because of the lack of hydraulic connection with the river), these wells must be properly decommissioned according to WAC 173- 160 -381. If the wells are usable at a lower pumping rate, an alternative would be to reduce the capacity of the Ranney collector well to remain in production while adding a replacement well. The Dry Creek Water Association, Inc. wells and other nearby wells up- gradient will not be affected from the city's new diversion. The US Bureau of Reclamation plans to build a dike along the Elwha River that will protect property and infrastructure (including the Dry Creek Water Assoc. Inc. wells). This dike will be designed to withstand a 100 year flood event on the Elwha River which will be built according to the post -dam projected river stage (2.5 feet higher then current river stage). Wells and surface water diversions operated by the Lower Elwha Klallam Tribe will be discontinued and replaced with water from the city's new diversion. New Tribal wells are proposed to be built following dam removal to provide cooling water for the tribal hatchery. These additional groundwater withdrawals are not anticipated to be impaired by the city's Ranney collector well or new diversion because of the high transmissivity in the Elwha alluvial aquifer, and because the new tribal well locations are far enough downstream from the city's Ranney collector, to be outside of the radius of influence of the collector. RECOMMENDATIONS: Establish a post dam base line monitoring of static water levels in the Ranney collector and WDFW wells (before, during and after dam removal) in cooperation with the Department of Ecology. It is recommended that a post dam survey of changes in river morphology as an indicator of potential changes in ground water discharge to base flows be assessed. Evaluation of a post dam removal groundwater budget may be useful in characterizing any significant changes in water levels. Any additional or replacement wells which may be installed as a result of channel migration or flood damage (including Ranney collector) should be pump tested consistent with WAC 173 160 -321 and the Washington Department of Health Water System Design Manual, Appendix E, Recommended Pumping Test Procedures (August 2001). If any wells become unusable as a result of the proposed dam removal process (i.e., either from flood damage or significant loss of production capacity due to changes in hydraulic connection with the river), the wells must be properly decommissioned according to WAC 173 160 -381. 2 4 Impairment Considerations I looked at the 4 sections encompassing the length of the river from the new point of diversion to the river's mouth (see Table 1). The sections I reviewed are Sections 10 3, T. 30 N., R. 7 W. W.M., and Sections 34 27, T. 31 N, R. 7 W, W.M. In addition to the Port Angeles rights there were 23 active water right documents listed for this area. All but two of these were for groundwater. Of the 23 documents, 7 were new applications. The remaining 16 water right documents include 8 claims, 2 permits, and 6 certificates. Because the Elwha River is known to recharge approximately 31 -40 cfs to groundwater, the subject aquifer is semi confined to unconfined and good hydraulic communication with the River is evident. The Ranney collector well and new diversion are not expected to affect flows on the Elwha River. Once the natural system is re- established and any river migration can be assessed, we recommend establishing new base levels for both surface and ground water from which post dam removal effects can be evaluated. Report of Examination 9 No. G2 -21950 2.5 Public Welfare Public Welfare considerations relevant to this project include the following: potential for saltwater intrusion, human health needs, promotion of regional public supply systems, potential for aquifer contamination /pollution, potential for cumulative impacts to other water rights /sources, consistency with water resource fundamentals, impacts to instream flows or perennial base flows, maximum net benefits to the state, impacts to water quality, effects on endangered or threatened species, impacts to aquatic habitat, and impacts to recreation or navigation. Steven Boessow from the Washington Department of Fish and Wildlife (WDFW) reviewed this water right change application. In a letter dated March 29, 2006, he stated that "the WDFW believes that the benefits associated with dam removal provide significant mitigation in relation to the impacts from the water diversion changes." A Hydraulic Project Approval (HPA) will be required for the artificial channel, the constructed riffle, and the diversion facility itself. Once the application for the HPA has been submitted it will be determined whether a screen intake is necessary to meet WDFW standards. 2.6 Consideration of Protests and Comments No protests were received as a result of these notices. No comments were made. Report of Examination 10 No. G2 -21950 File G2- 146379CL 1G2- 016863CL 1G2- 048471CL IG2 '07856 1G2 07193CWRIS G2- 25391CWRIS 1G2- 25028CWRIS G2- 27055CWRIS 1G2 -28248 IG2 -29421 IG2 -28594 G2- 157797CL G2- 015743CL G2- 124263CL CG2 -21950 ICS2- '02137CWRIS G2 -21950 1S2'02137CWRIS I S2- CCVOL1 -2P43 G2 -27862 1G2- 076022CL G2- 24548CWRIS G2 -27666 S2 -29395 S2 -29396 G2- 006306CL G2 -29018 G2- 22576CWRIS TOTAL RECORDS SELECTION CRITERIA Region TRS Cert Person Stat Doc BAIREY PATRICK A Claim L BUDD ARTHUR W A Claim L COLLINS MORGAN A Claim S Dry Creek Water Association A Pmt 5617 Dry Creek Water Association Inc I A Cert Dry Creek Water Association Inc A Cert Elwha Place Homeowners Association A Cert Elwha West Water System A Cert Green Crow Partnership I A NewApp Green Crow Partnership A 1 NewApp Green Crow Partnership A 1 NewApp HALBERG BROS I A Claim L MCHAFFIE CLIFFORD A Claim L PLUTE GEORGE A Claim L Port Angeles City A 1 ChgApp 1328 Port Angeles City I A ChgApp Port Angeles City A Pmt 1328 Port Angeles City A Cert 1328 Port Angeles City A CertChg Rainier Evergreen Inc I A I NewApp RICHERT ROBERT J A SHOTWELL JON G A ISHOTWELL JONATHAN I A `Spragg Terry A Spragg Terry A TYDIARD HARRY L A Claim L WA Department Of Fish Wildlife I A NewApp WETHERALD MILO I A Cert 41 I 1 I I 1 I Southwest I I I 31 ON 07 OW 34,30 ON 07 OW 10,31 ON 07 OW 27,30 ON 07 OW 03,30 ON 07 OW 15 Pnonty Dt Purpose IDG 'DG IDG 11/10/I9651MU I 6/1 /19641 DM 10/22/1979'DM 9/8/1978IDM I 2/19/19871 DM 1 8/15/19911 DM 9/30/1996 DM 7/22/19921DM IDG IIR,DG IDG I 7/22/20051MU 1 7/22/20051CI 3/1/1974 8/12/1927ICI 1 8/12/19271FS 9/14/19901 DM Claim L 'DG Cert 5/16/19771DM Pmt 11/2/19891DM NewAOp 5/6/1996 NewApo 5/6/1996 IMU,CI IST,IR 2/2/1994 IFS 6/5/19741 DM at UOM Qa GPM GPM I GPM I 2250 GPM 1266 100 GPM 160 180 I GPM I 176 92 IGPMI 50 93 GPM 20 100 GPM 80 I GPM 200 GPM GPM GPM IGPMI 22500 I GPM I 20600 150 CFS 22500 GPM 20600 1 150 I CFS 0 1 50 I CFS 800 GPM GPM I 30 GPM 4 103 I GPM I 11 2 302 CFS 3 02 CFS I GPM 2000 I GPM 20 I GPM 1 Table 1: Water Rights Tracking System (WRTS) report for Water Rights along the Elwha River Ir Acres WRIA County TRS 18 CLALLAM 30 ON 07 OW 10 18 CLALLAM 31 ON 07 OW 34 18 CLALLAM 30 ON 07 OW 10 18 CLALLAM 130 ON 07 OW 10 18 CLALLAM 130 ON 07 OW 10 18 CLALLAM 30 ON 07 OW 10 18 CLALLAM 31 ON 07 OW 34 18 CLALLAM 31 ON 07 OW 34 18 CLALLAM 130 ON 07 OW 03 18 CLALLAM 130 ON 07 OW 03 18 CLALLAM 30 ON 07 OW 10 19 CLALLAM 31 ON 07 OW 34 18 CLALLAM 30 ON 07 OW 10 18 CLALLAM 30 ON 07 OW 10 18 CLALLAM 130 ON 07 OW 03 18 CLALLAM 130 ON 07 OW 10 18 CLALLAM 30 ON 07 OW 10 18 CLALLAM 30 ON 07 OW 10 18 CLALLAM 30 ON 07 OW 10 18 CLALLAM 30 ON 07 0W 10 18 CLALLAM 30 ON 07 OW 10 18 CLALLAM 31 ON 07 OW 34 1& CLALLAM 31 ON 07 OW 34 18 CLALLAM 30 ON 07 OW 10 18 CLALLAM 30 ON 07 OW 10 18 CLALLAM 130 ON 07 OW 03 18 CLALLAM 130 ON 07 OW 03 18 CLALLAM 30 ON 07 0W 10 QQ/Q 1stSrc WELL I IWELL WELL NE/SE WELL INE/SE WELL E2/SW WELL E2JSW IWELL IWELL WELL W ELL WELL I I I 1 WELL 1 NE/NE ELWHA RIVER IOTHER NE/NE IELWHA RIVER NE/NE IELWHA RIVER WELL WELL NW /NW WELL WELL ELWHA RIVER ELWHA RIVER 1 I WELL W2 /NE WELL 3.0 CONCLUSION AND FINDINGS: The following discusses how the statutory authorities identified in Section 1.3.1 are met with this proposal. Chapter 90.03 RCW and Chapter 90.44 RCW authorize the appropriation of public surface and ground water for beneficial use and describe the process for obtaining water rights including the process to amend or change existing rights. Laws specifically governing the water right permitting process are RCW 90.44.050 through RCW 90.44.080, and RCW 90.03.250 through RCW 90.03.340 Under state law the following four criteria must be met for a permit to be approved: Water must be available There must be no impairment of existing rights The water use must be beneficial The water use must not be detrimental to the public interest Water Availability Groundwater It is anticipated that groundwater availability will remain the same following dam removal with the Elwha River valley. However, once dam removal sediments have been flushed through the river over an approximate five year period, water levels in nearby wells may vary in response to potential changes in river morphology. In this case it is recommended that a post dam removal groundwater budget be evaluated to understand the changes in groundwater availability for the city's Ranney collector as well as for the WDFW and tribal wells. Surface Water The Elwha River may be subject to low flow periods in periods (when diverting 200 cfs) during the dam removal period, but it is not anticipated that the surface water diversion will be affected from the low flows. It is therefore concluded that there will be ample water available for the requested appropriation. Impairment of Existing Riehts This change will likely have little or no impact on water rights in the area. The Ranney collector well and new diversion are not expected to affect flows on the Elwha River. There will be no impairment of existing rights. Beneficial Use According to RCW 90.14.031, municipal supply is considered a beneficial use. Public Interest Table 2 Summary of Criteria for Public Interest Test for Ground Water Permit Number G2 -21950 Public Interest Test Criteria Comments Potential for saltwater intrusion Given the distance from saltwater the potential for saltwater intrusion is low. Human health needs Promotion of regional public supply systems Potential for aquifer contamination/pollution Consistency with water resource fundamentals of RCW 90.54 Maximum net benefits to the state Consistency with state and federal natural resource management plans, including analysis of ESA ramifications Impacts to aquatic habitat This proposal would provide a treated public drinking water supply which is especially important during the period of dam removal This change will allow the municipal water supply to be available regardless of possible detrimental effects of dam removal. This application is not expected to result in aquifer contamination or pollution. Potential for cumulative impacts to other water The impairment assessment indicates that other water users are not likely users to be prevented from withdrawing their allotted water. This transfer meets the fundamentals of state water law, specifically: RCW 90.54.005 Objectives to provide water for residential needs RCW 90.54.920 No impairment of existing rights Impacts to instream flows or perennial base The transfer from groundwater to surface water will result in a possible flows minor short-term impact to instream flows in the Elwha River. This proposal will provide a reliable long -term alternative supply of safe drinking water for the city of Port Angeles, and contributes to the Elwha River restoration efforts. This proposal is consistent with local, state and federal management plans, and the potential negative impact to ESA species has been analyzed and has been found to be minimal and offset by the benefits to ESA species from the Elwha River restoration project. The Elwha River restoration project, of which this application is a part, will result in beneficial aquatic habitat. Impacts to recreation or navigation uses The Elwha River restoration project, of which this application is a part, will be beneficial to recreation or navigation uses of the Elwha River. After considering these criteria, no detriment to the public interest could be identified during the investigation of this application for change. In addition, the change will be beneficial to the Elwha River restoration efforts. CONCLUSION: 1. The application meets the criteria for priority processing under Chapter 173 -152 WAC. 2. This permit represents a valid permit in good- standing, and as such is eligible to be changed as requested. 3. Water will continue to be used for a beneficial purpose, the supply of public water to a municipal population. 4. Issuance of this change is not expected to impair any existing water rights, whether junior or senior. 5. The change is not detrimental to the public interest. Issuance of this change is not expected to cause any detrimental affects to the natural environment. 6. The original findings drafted for this permit found that water was available for appropriation; the modification reflected by the issuance of a superseding document does not change our original determination. 4.0 RECOMMENDATION: In accordance with Chapter 90.03 RCW, I find that water is available from the source in question, that this is for a beneficial use, and will not impair existing water rights or be detrimental to the public interest. Based on my evaluation of this request, I recommend approval of this Application for Change and issuance of a superseding permit. A construction schedule currently exists for the development of another Ranney collector on this permit, for completion of construction by July 1, 2015, and water put to use by July 1, 2020. An additional construction schedule which applies only to the new diversion will be as follows: Begin project by July 1, 2010, Complete construction by July 1, 2011, PROVISIONS: This superseding permit is subject to the following provisions: "For the additional point of diversion, both sources can be interchangeably and or simultaneously utilized provided that the limits of the right are not exceeded. "If the criteria in RCW 90.03.386(2) are not met and a Water System Plan /Small Water System Management Program was approved after September 9, 2003, the place of use of this water right reverts to the service area described in that document. If the criteria in RCW 90.03 386(2) are not met and no Water System Plan /Small Water System Management Program has been approved after September 9, 2003, the place of use reverts to the last place of use described by Ecology in a water right authorization." A certificate of water right will not be issued until a final investigation is made. The permit is issued subject to Washington Department of Fish and Wildlife screening criteria as outlined in a hydraulic project approval. Please contact the Department of Fish and Wildlife, 600 Capital Way North, Olympia, Washington, 98501 -1091, Attention: Habitat Management Division, (360) 902 -2534, to obtain specified requirements for your project. The intake shall be screened at all times in accordance with Department of Fish and Wildlife screening criteria. This water right is issued subject to Washington Department of Fish and Wildlife Hydraulic Project Approval. Department of Ecology personnel, upon presentation of proper credentials, shall have access at reasonable times, to the records of water use that are kept to meet the above conditions, and to inspect at reasonable times any measuring device used to meet the above conditions. An approved measuring device shall be installed and maintained for each of the sources identified by this water right in accordance with the rule "Requirements for Measuring and Reporting Water Use Chapter 173 -173 WAC. Water use data shall be recorded daily. The maximum monthly rate of diversion /withdrawal and the monthly total volume shall be submitted to Ecology by January 31st of each calendar year. The following information shall be included with each submittal of water use data: owner, contact name if different, mailing address, daytime phone number, WRIA, Permit /Certificate /Claim No., source name, annual quantity used including units, maximum rate of diversion including units, monthly meter readings including units, peak monthly flow including units, Department of Health WF1 water system number and source number(s), purpose of use, fish screen status, well tag number, open channel flow or pressurized diversion and period of use. In the future, Ecology may require additional parameters to be reported or more frequent reporting. Ecology prefers web based data entry, but does accept hard copies. Ecology will provide forms and electronic data entry information. Submit data to: Department of Ecology, SWRO /WR PO Box 47775, Olympia, WA 98504 -7775. Chapter 173 -173 WAC describes the requirements for data accuracy, device installation and operation, and information reporting. It also allows a water user to petition Ecology for modifications to some of the requirements. Installation, operation and maintenance requirements are enclosed as a document entitled "Water Measurement Device Installation and Operation Requirements REPORTED Report of Examination tL 13 ate: 1 ea No. G2 -21950 Upon reviewing the above report, I find all facts, relevant and material to the subject application, have been thoroughly investigated. Furthermore, I find water is available for appropriation and the appropriation as recommended is a beneficial use and will not be detrimental to existing rights or the public welfare. Therefore, I ORDER a permit be issued under Ground Water Application Number G2- 21950, subject to existing rights and indicated provisions, to allow appropriation of public ground water for the amount and uses specified in the foregoing report. Signed at Olympia, Wash; gton, this day of k? l�ult Imo/ 2007. Thomas Loranger Water Resources Section Manage Southwest Regional Office Report of Examination FINDINGS OF FACT AND DECISION 14 No. G2 -21950 Attachnient 1 Port Angeles/ Elwha River POW/POD Locations Li t st. 1* 4 I f?, 4 te,, r■Et17-AN 5 ii ,Lnal)1, gt 33 -1 Is tit L.,,, N 44---- 1 /t i al 4 --1 N 1 TO.-imr" 1 --',11 i Stall. tl. At ttty, .4 r stT. .;,::4 :iiiiii iiiiii i ,f:-,,;:y 3 4 i I r 2 1 lt\ I -"t4i,ft,-* i lt f 'tt c 4 :1--V "t -1 Ranney Collector l 1 ti C WDFW Rearing Channel I J Existing Surface Water Diversion New Surface Water Diversion ")I, N.1 \V 'N 1 (350 ft up liver) \.1 ,o) 4k Report of Examination Elwha Dam j ts 16 lr kJ 0 0.2b 0.5 1 Miles Legend Authorized Point of Withdrawal (Ranney collector well) Authorized Point Diversion (Surface Water) Existing Point Diversion (Surface Water) Contour Lines State/Federal Highways Y'lWa j'A Cities r I Lakes and Straight of Juan de Fuca Major Rivers City of Port Angles Certificate 1328 and G2-21950 Sec. 3 10, T3ON, RO7W WRIA 18 Clallam County .110; Site Location Lake Mills Ntelotok, Qi Lake Aldwell I ttstS=Illt319% 3 1 It t I t 111 3. E I. ()LOGI Comments GIS Map Produced by: John Pearch USGS Base Map Elwha 7 1/2' quadrangle Ranney collector well 900 feet west and 1000 feet north of the SE corner of Sec 3 (existing) Surface Vier Diversion. NE, NE, Sec 10, 73014, R7W (new proposed) Place of Use Area served by City of Port Angeles 15 No. G2-21950 This is your informal guide to your rights and responsibilities in an appeal. It is not exclusive and does not have force and effect of state law or regulation. ALTERNATE FORMAT AVAILABLE UPON REQUEST_ More detailed information, in a chapter of the Washington Administrative Code entitled, "Rules of Practice and Procedure of the Pollution Control Hearings Board, WAe 371 -08," is available at your county law library or upon request. The Pollution Control Hearings Board (PCHB) hears appeals from orders and decisions made by: 1. Local and regional air pollution control agencies or authorities. 2. The State Department of Ecology, and 3. Other agencies as provided by law. The Board's sole function is to give you, and all other litigants in the matter, a full and complete public hearing, as promptly as possible, followed by a fair and impartial written decision based on the facts and law. The Board is not affiliated with Department of Ecology or any other agency. To insure the Board's impartiality, the state Legislature created this independent, quasi judicial state agency entirely separate from any other state, regional or local unit of government. The Board consists of three full-time members, who are appointed by the governor and confirmed by the State Senate for staggered six -year terms. One of the three must be an attorney. All are salaried employees of the State, who also serve on the Shorelines Hearings Board. 17n" YOU ';NEEIt .:A AT T-9 ft NEY "Your Right to Be Heard" You may be represented by an attorney, but one is not required by law. However, you might want to consider whether a lawyer would be helpful, before you decide to represent yourself. r�'� YrA?PEsI The Board must RECEIVE your appeal within 30 days of the date that the copy of the order or decision was communicated to the appealing party. You must also serve, within 30 days, a copy of your appeal with the Department or Air Pollution Authority or other agency whose order or decision you are appealing. If it a permit you are appealing, such as a water right, you should also serve a copy of your appeal on the holder of the permit unless you are the permittees. Failure to observe the thirty (30) day deadline for filing with the Board and serving the Department or Air Pollution Control Authority or other agency will result in dismissal of the appeal. SHEIPPEA You need to supply the Board, in writing, with: Your name and address (mailing and legal, if different) and, if 4 411 applicable, the name and address of your representative. A daytime phone number. A copy of the order or decision you are appealing, and if the order or decision followed an application, a copy of the application. A brief statement why. you are appealing. The relief you seek (what you want the Board to do). A statement, signed by you or your representative, attesting that the content of the appeal is true. Perhaps you have been granted a permit by the Department of Ecology, air authority or another agency, but another party has appealed. You have a right to defend the permit and are automatically a respondent in the appeal before the Board. All subsequent sections in this publication apply to you as well as to the appellant. �K►TES��'' F� When an appeal is filed, the Board will assign and notify you of a date; time, and location for hearing the case. :=T-RE PRE-HEARINGCONFERENCE' I Soon after the appeal is filed, a date and place for the pre hearing COFHerenr.e cite SCICI.ieU. n .Quonr held within 6 weeks. The conference has two main purposes: to help reach a settlement, and to prepare the case for hearing if settlement is not reached. The parties should come to the conference prepared to present a preliminary list of legal issues, proposed witnesses and exhibits. :GA` NJ15SyPf�) Litigation is time and energy consuming for the parties. Each party needs to think about possible compromise. For settlement to be reached, each side needs to offer something. Litigants are encouraged to begin settlement talks, without waiting for Board participation. The Board has a mediation program to assist parties in reaching settlement. If the parties settle, a written document containing the settlement terms will ultimately be signed by all, and filed with the "Board, which may decide to dismiss the appeal if the settlement conforms to the law. Before the hearing you will want to prepare. You have the right to review the agency's file of their decision. Contact them to arrange a time and place to see the file. You and the other litigants have the right to find out in advance what witnesses and other evidence will -be- used at the hearing. This may be provided to you without formal procedures, such as by looking at public records. If done formally, this is known as discovery and is best accomplished with the assistance of a lawyer. Examples of formal discovery are: Deposition- questioning witnesses before the hearing, under oath with a court reporter present. Interrogatory- presenting written questions to the other side. There are formal rules that apply to discovery. The second thing to do is relax. You will have your full opportunity to tell At the hearing, it is important to be on time An appellant's failure to appear may result in dismissal of the appeal. s.� your SIUC UI we case, our mere 15 a court procedure to be followed, so that all sides can be heard in an orderly manner. The Presiding Officer for the Board Manages the proceedings. A court reporter wiU record what is said. The appellant usually has the obligation to present his or her case first. Then, the respondents will present their case. Each side has the right to make an opening statement, briefly outlining what its evidence will be. Witnesses who are sworn to tell the truth, testify from their personal knowledge in response to questions. After direct testimony, the' witness answers questions asked by the other side during "cross examination The Board members may also ask questions. Persons essential to your case need to be present at the hearing to testify as witnesses, as the "hearsay" rule prevents you from testifying for them. Exhibits, such as letters, maps, etc. may be offered as evidence. Before the hearing, number your exhibits and prepare an exhibit list. At the hearing, you will need to have the original and copies for each member of the Board, and for the other parties. After all the evidence has been presented, litigants can summarize their arguments in dosing statements. A}1E1O bEC ISIt a t The Board will deliberate on the testimony, exhibits, and final arguments, before issuing a written decision. The written decision called "Findings of Fact, Conclusions of Law and Order" is prepared and mailed to all litigants generally within ninety (90) days. The Board's decision may be appealed to Superior Court within thirty (30) days from the date of the ORDER, or you may file a petition with the Board for a reconsideration within ten (10) days of the date of the ORDER Ft PPE 4.Mu-= TERMS BOARD: The Washington State Pollution Control Hearings Board. DEPARTMENT: The Washington State Department of Ecology (Ecology), PERSON OR PERSONS: A citizen, a business firm, an association or a government agency. APPEAL A request for review of a decision filed with the Board. APPELLANT: A person or persons bringing the appeal. RESPONDENT: A person or entity on the other side of the dispute. LITIGANTS: All parties to the action. STIPULATION: An agreement by the parties. MITIGATED: Reducing, diminishing or lessening either the penalty or the impact of the proposed action, AIR POLLUTION CONTROL AUTHORITY: a local or.regional agency authorized under the Washington Clean Air Act, RCW 70.94, to issue orders and assess penalties for air pollution violations, and to issue notices of construction for new air emission sources. The Environmental. Hearings _Office does not discriminate in employment or any of its services against persons with disabilities, and will make reasonable accommodations for any citizen who needs assistance to participate in our hearings or other activities. Judy /Office/PCHBPAMP 01/14/02 January 26, 2007 CERTIFIED MAIL 7005 1820 0003 7289 3245 City of Port Angeles 321 East 5 Street Port Angeles WA 98362 Dear Sir or Madame: RE: Ground Water Application for Change No. G2 -21950 Your Application for Change is approved. Enclosed is the Second Amendment Report of Examination (Ecology's Order and Determination) which summarizes our findings and represents our final decision. Please read through this report carefully, as it forms the basis for your superseding permit. Your superseding permit will be issued after the required 30 -day appeal period. Your right to appeal You have the right to appeal this Order to the Pollution Control Hearings Board. Pursuant to chapter 43.21B RCW, your appeal must be filed with the Pollution Control Hearings Board, and served on the Department of Ecology, within thirty (30) days of the date of your receipt of this document. To appeal this action or decision, your notice of appeal must contain a copy of the Ecology order, action or decision you are appealing. Mail your appeal to: Pollution Control Hearings Board PO Box 40903 Lacey, Washington 98504 -0903 Mail your appeal to: Department of Ecology Appeals Coordinator PO Box 47608 Lacey, Washington 98504 -7608 If we can provide any further assistance, please contact our office at (360) 407 -6300. Since y, Water Resources Section anager Thomas Loranger Cl Enclosures: Report of Examination "Your Right to Be Heard" STATE OF WASHINGTON DEPARTMENT OF ECOLOGY PO Box 47775 Olympia, Washington 98504 -7775 (360) 407 -6300 Deliver your appeal to: OR Pollution Control Hearings Board 4224 6th Ave SE Rowe Six, Bldg 2 Lacey, Washington 98504 -0903 AND MAIL TO BOTH ADDRESSES BELOW AND 8 Mail your appeal to: Tom Loranger Department of Ecology PO Box 47775 Lacey, Washington 98504 -7775 7.38 ili ..ift_ <i. E 0 The Pollution Control Hearings Board (PCHB) hears appeals from orders and decisions made by: 1. Local and regional air pollution control agencies or authorities. 2. The State Department of Ecology, and 3. Other agencies as provided by law. The Board's sole function is to give you, and all other litigants in the matter, a full and complete public hearing, as promptly as possible, followed by a fair and impartial written decision based on the facts and law. The Board is not affiliated with Department of Ecology or any other agency. To insure the Board's impartiality, the state Legislature created this independent, quasi-judicial state agency entirely separate from any other state, regional or local unit of government. The Board consists of three full -time members, who are appointed by the governor and confirmed by the State Senate for staggered six -year terms. One of the three must be an attorney. All are salaried employees of the State, who also serve on the Shorelines Hearings Board. YOIJ?NEEII.Ai�I-ATFORNEY .r? 'r �?fr'iJ' Q1 U1IO?+. Q.NT# Ef V,RONME i Thr Z 1 4:= "veil e_S i iz ate as m g on?9850460 b mot'' •`4 d'a'y _n K.�' '�C =[v7. A r` •tss- +•"'�.�c .:`r- ;y3x`.; tfa45D a 43O r d� .s_ :t '4 'r'i�. si s=.` s a `.'L" f v r 41 8-1. ►11 Adii_ �41var f ryes "s LE -KT .�k yK<. .cam Y r:'�rt2" °t%7'r' �r�/r".'`� =v__• .}�.f�.�3::F Y s_. :�•r• V f�'Y Y' '�ts ::ti ;•y�•'_.`_ l "Your Right to Be Heard" This is your informal guide to your rights and responsibilities in an appeal. h is not exclusive and does not have force and effect of state law or regulation. ALTERNATE FORMAT AVAILABLE UPON REQUEST. More detailed information, in a chapter of the Washington Administrative Code entitled, "Rules of Practice and Procedure of the Pollution Control Hearings Board, WAe 371-08,' is available at your county law library or upon request. You may be represented by an attomey, but one is not required by law. However, you might want to consider whether a lawyer would be helpful, before you decide to represent yourself. Y,K r P;F. AiE wsti The Board must RECEIVE your appeal within 30 days of the date that the copy of the order or decision was communicated to the appealing party. You must also serve, within 30 days, a copy of your appeal with the Department or Air Pollution Authority or other agency whose order or decision you are appealing. If it a permit you are appealing, such as a water right, you should also serve a copy of your appeal on the holder of the permit unless you are the permittees. Failure to observe the thirty (30) day deadline for filing with the Board and serving the Department or Air Pollution Control Authority or other agency will result in dismissal of the appeal. CONTENT_ 3 THE :AF?PEAt :1 You need to supply the Board, in writing, with: Your name and address (mailing and legal, if different) and, if -_�.:r ��ti =t ter., 'i*; :t lam' 3Et ti applicable, the name and address of your representative. A daytime phone number. A copy of the order or decision you are appealing, and if the order or decision followed an application, a copy of the application. A brief statement why you are appealing. The relief you seek (what you want the Board to do). A statement, signed by you or your representative, attesting that the content of the appeal is true. Perhaps you have been granted a permit by the Department of Ecology, air authority or another agency, but another party has appealed. You have a right to defend the permit and are automatically a respondent in the appeal before the Board. All subsequent sections in this publication apply to you as well as to the appellant. `IE�ARINTES' K' F When an appeal is filed, the Board will assign and notify you of a date; time, and location for hearing the case. rTNE pRE41E Soon after the appeal is filed, a date and place for the pre hearing conrererlue GIe bCICttCU. t 1.7 uauaur held within 6 weeks. The conference has two main purposes: to help reach a settlement, and to prepare the case for hearing if settlement is not reached. The parties should come to the conference prepared to present a preliminary list of legal issues, proposed witnesses and exhibits. Litigation is time and energy consuming for the parties. Each party needs to think about possible compromise. For settlement to .be reached, each side needs to offer something. Litigants are encouraged to begin settlement talks, without waiting for Board participation. The Board has a mediation program to assist parties in reaching settlement. If the parties settle, a written document containing the settlement terms will ultimately be signed by all, and filed with the 'Board, which may decide to dismiss the appeal if the settlement conforms to the law. Before the hearing you will want to prepare. You have the right to review the agency's file of their decision. Contact them to arrange a time and place to see the file. You and the other litigants have the right to- find out in advance what witnesses and other evidence will be used at the hearing. This may be provided to you without formal procedures, such as by looking at public records. If done formally, this is known as discovery and is best accomplished with the assistance of a lawyer. Examples of formal discovery are: Deposition questioning witnesses before the hearing, under oath with a court reporter present. Interrogatory- presenting written questions to the other side. There are formal rules that apply t ,'L__+ o discovery. 1R�l�>1.7 fs%J _S': E�4n Y.� L�tTAtJ K x1 At the hearing, it is important to be on time An appellant's failure to appear may result in dismissal of the appeal. The second thing to do is relax. You will have your full opportunity to tell your DIUC UI Ule t se, our mere is a court procedure to be followed, so that all sides can be heard in an orderly manner. The Presiding Officer for the Board manages the proceedings. A court reporter will record what is said. The appellant usually has the obligation to present his or her case first. Then, the respondents will present their case. Each side has the right to make an opening statement, briefly outlining what its evidence will be. Witnesses who are sworn to tell the truth, testify from their personal knowledge in response to questions. After direct testimony, the witness answers questions asked by the other side during "cross examination The Board members may also ask questions. Persons essential to your case need to be present at the hearing to testify as witnesses, as the 'hearsay" rule prevents you from testifying for them. Exhibits, such as letters, maps, etc. may be offered as evidence. Before the hearing, number your exhibits and prepare an exhibit list At the hearing, you will need to have the original and copies for each member of the Board, and for the other parties. After all the evidence has been presented, litigants can summarize their arguments in dosing statements. v IiEOARD'SEISII ?f�.z The Board will deliberate on the testimony, exhibits, and final arguments, before issuing a written decision. The written decision called "Findings of Fact, Conclusions of Law and Order' is prepared and mailed to all litigants generally within ninety (90) days. a�f01�= 1ill��f°AP<P) The Board's decision may be appealed to Superior Court within thirty (30) days from the date of the ORDER, or you may file a petition with the Board for a reconsideration within ten (10) days of the date of the ORDER FFRE P tJSED:'TERMS= :I BOARD: The Washington State Pollution Control Hearings Board. DEPARTMENT: The Washington State Department of Ecology (Ecology). PERSON OR PERSONS: A citizen, a business firm, an association or a government agency. APPEAL: A request for review of a decision filed with the Board. APPELLANT: A person or persons bringing the appeal. RESPONDENT: A person or entity on the other side of the dispute. LITIGANTS: All parties to the action. STIPULATION: An agreement by the parties. MITIGATED: Reducing, diminishing or lessening either the penalty or the impact of the proposed action. AIR POLLUTION CONTROL AUTHORITY: a local or agency authorized under the Washington Clean Air Act, RCW 70.94, to issue orders and assess penalties for air pollution violations, and to issue notices of construction for new air emission sources. The Environmental_ Hearings _Office__ does not discriminate in employment or any of its services against persons with disabilities, and will make reasonable accommodations for any citizen who needs assistance to participate In our hearings or other activities. Judy /Office/PCHBPAMP 01/14/02 Mamma 541,1 S I r J I 1 I' f II I (I I; 1 PRIORITY DATE March 1, 1974 NAME City of Port Angeles ADDRESS (STREET) (CITY) 321 East 5th Street P.O. Box 1150 Port Angeles SOURCE Elwha River and a Ranney Well TRIBUTARY OF (IF SURFACE WATERS) Strait of Juan de Fuca MAXIMUM CUBIC FEET PER SECOND 50 (alternate to Ranney Well Collector) QUANTITY, TYPE OF USE, PERIOD OF USE 20,600 Acre -feet per year LOT STATE OF WASHINGTON DEPARTMENT OF ECOLOGY SECOND AMENDMENT REPORT OF EXAMINATION CHANGE OF GROUNDWATER PERMIT TO APPROPRIATE PUBLIC WATERS OF THE STATE OF WASHINGTON S urface Water (Issued in accordance with the provisions of Chapter 117, Laws of Washington for 1917, and amendments thereto, and the rules and regulations of the Department of Ecology G round Water (Issued in accordance with the provisions of Chapter 263, Laws of Washington for 1945, and amendments thereto, and the rules and regulations of the Department of Ecology APPLICATION NUMBER PERMIT NUMBER G2 -21950 G2 -21950 PUBLIC WATERS TO BE APPROPRIATED MAXIMUM GALLONS PER MINUTE 22,500 (13,500 gpm additive; 9,000 gpm non additive to Water Right Certificates No. 874 and 2345 for the diversion of water from Morse Creek) Municipal supply Year round, as needed LOCATION OF DIVERSION/WITHDRAWAL APPROXIMATE LOCATION OF DIVERSION WITHDRAWAL Location of Ranney Well Collector: 1150 feet North and 1000 feet West from the SE Corner of Section 3, T.30N., R.7 W.W.M. Location of Proposed Alternate Surface Diversion: 1255 feet South and 1090 feet West from the NE Corner of Section 10, T.30N, R. 7 W.W.M. LOCATED WITHIN (SMALLEST LEGAL SUBDIVISION) SE '/4 SE 1/4 NE 1/4 NE 1/4 BEGIN PROJECT Bl THIS DATE Ranney Collector is Operational New surface diversion: July 1, 2010 SECTION TOWNSHIP N RANGE, (E OR W W M 3 30 7W 10 DESCRIPTION OF PROPOSED WORKS DEVELOPMENT SCHEDULE COMPLETE PROJECT BY THIS DATE Additional Ranney Collector: July 1, 2015 New surface diversion: July 1, 2011 (STATE) Washington RECORDED PLATTED PROPERTY BLOCK OF (GIVE NAME OF PLAT OR ADDITION) LEGAL DESCRIPTION OF PROPERTY ON WHICH WATER IS TO BE USED MAXIMUM ACRE FEET PER YEAR 20,600 W R I A COUNTY 18 Clallam CERTIFICATE NUMBER (ZIP CODE) 98362 [Attachment 1 shows location of the authorized place of use and point(s) of diversion or withdrawal) The place of use (POU) of this water right is the service area described in the most recent Water System Plan /Small Water System Management Program approved by the Washington State Department of Health, so long as the City of Port Angeles is and remains in compliance with the criteria in RCW 90.03.386(2). RCW 90.03.386 may have the effect of revising the place of use of this water right. Existing Ranney Well Collector and Proposed New Surface Water Intake [the surface intake also will be used for diverting water to Water Right Certifies No. S2- *02137CWRIS (Certificate No. 1328) Certificate of Change S2- CCCVoI) -2P43] also to be used for diverting water to Water Right Certificate No. S2- *02137CWRIS) WATER PUT TO FULL USE BY THIS DATE July 1, 2020 Report of Examination 1 No. G2 -21950 1.0 BACKGROUND: 1.1 Description of Purpose of the Proposed Chance REPORT On July 22, 2005 the city of Port Angeles submitted an application to the department of Ecology for an alternate point of diversion for a groundwater permit. This permit has as its source a Ranney collector on the bank of the Elwha River. The applicant proposes to move the point of diversion approximately 3,000 feet upstream of the Ranney collector well in response to the removal of two upstream dams. A new surface water diversion will be used to satisfy the groundwater right during the period after the dams are removed, and will function as an alternate source when turbidity is high enough to compromise use of the Ranney collector or in other emergencies. This record of examination addresses the application for change to provide an alternate source of diversion for ground water right permit number G2- 21950. The Elwha River originates in Olympic National Park, flowing in a northerly direction for 47 miles to the Strait of Juan de Fuca. The mean annual flow of the Elwha River is estimated at 1,508 cfs. (Lower Elwha River Groundwater Resource Evaluation, December 2001) The Elwha River watershed is in Water Resource Inventory Area (WRIA) number 18 (Elwha- Dungeness). In the early 1900's the free flowing Elwha River was blocked by two hydroelectric dams, neither of which was built with means to pass the 10 runs of native anadromous salmon and trout that had used the river for spawning and rearing for centuries. Since it was completed in 1913, the Elwha Dam has prevented migrating salmon and trout from using the upstream 70 miles of mainstem and tributary habitat. The Glines Canyon Dam was completed farther upstream in 1927. These dams are the primary cause of the precipitous decline of salmonid populations to fewer than 3,000 naturally spawning fish today compared to an estimated 392,000 fish prior to dam construction. The loss of fish from 93% of the Elwha River has resulted in severe impacts to the entire Elwha River ecosystem. (Elwha River Ecosystem Restoration Implementation, Final Supplement to the Final Environmental Impact Statement, Summary, July 2005) The Elwha River Ecosystem and Fisheries Restoration Act of 1992 (PL 102 -495) authorized the Secretary of the Interior to acquire and remove the Elwha and Glines Canyon dams on the Elwha River to fully restore the ecosystem and native anadromous fisheries. The National Park Service completed two Environmental Impact Statements (EIS). EIS -1 found that both dams must be removed to meet the goals of the Elwha Act. EIS -2 recommends allowing sediments accumulated within the reservoirs to naturally erode downstream. Starting in 2009, the 108- foot -tall Elwha Dam and the 210- foot -tall Glines Canyon Dam will be dismantled in stages, reopening 70 miles of prime salmon and steelhead spawning habitat. The Elwha project offers a unique opportunity to fully restore a river given that nearly the entire river's watershed is preserved in Olympic National Park, free from human impacts. Taking out the two dams is expected to increase the amount of silt in the river since some 18 million cubic yards of dirt and gravel have been trapped behind the dams over the last 93 years. The resulting flooding and increased silt will affect both the diversion site for the surface water diversion and the capacity of the Ranney collector. In addition, it will affect the quality and quantity of water available for the state and tribal fish hatcheries. Removing both dams and allowing the ecosystem to restore would open up over 70 miles of largely pristine salmon habitat. Dam removal is expected to produce approximately 390,000 salmon and steelhead in about 30 years, compared with less than 50,000 fish if the dams were fitted with upstream and downstream fish passage facilities. About 4,000 wild salmon now spawn in the five miles of river between the lower dam and the Strait of Juan de Fuca. Olympic National Park is a World Heritage Site and Biosphere Reserve. Ninety -five percent of the park's terrain is designated wilderness. The Elwha River is the largest watershed in the park, comprising 19% of the park's total land mass. The removal of the two dams will restore free flows to the Elwha River. 1.2 Attributes of Water Riehts Attributes of Ground Water Permit Application: G2 -21950 Name on permit: City of Port Angeles Priority Date: March 1, 1974 Instantaneous Quantity (Qi): 22,500 gallons per minute (50 cubic feet per second) Annual Quantity (Qa): 20,600 acre feet/year Purpose: Municipal supply Source: Elwha River, Ranney collector Point of Withdrawal: SE '/4 of SE 1/4 of Section 3, T. 30 N., R. 7 W. W.M. Place of Use: Area served by Port Angeles Proposed Change: Point of Diversion: See Attachment 1 for a map of the points of withdrawal. Report of Examination NE 1/4 of NE 1/4 of Section 10, T. 30 N., R. 7 W. W.M., New surface water diversion 3,000 feet upstream from the old diversion location, as an addition of an alternative source to be used in anticipated periods of high turbidity during the removal of the dams, and other emergencies. 2 No. G2 -21950 1.3 Legal Reauirements for the Proposed Change 1.3.1 Statement of Authorities The Revised Code of Washington (RCW) Chapters 90.03 and 90.44 authorize the appropriation of public water for beneficial use and describe the process for obtaining water rights including the process to amend or change existing rights. Laws specifically governing the water right permitting process are RCW 90.03.250 through 90.03.340 and RCW 90.44.060. Changes or amendments to these rights are covered under RCW 90.03.380 and RCW 90.44.100. Specific legal requirements pertinent to this change are Change must not result in detriment or injury to existing rights, RCW 90.03.380(1) Change must be limited to water that has been beneficially used, RCW 90.03.380(1) Change must not result in enlargement of water right, RCW 90.44.100(2) Change must not injure the public welfare, RCW 90.03.380(1) Watershed Plan A watershed plan for the Elwha Dungeness watershed (WRIA 18) was adopted by the Clallam County Board of Commissioners on June 7, 2005. Formal instream flows were not set in the rule, although recommendations were made for instream flows for most of the streams in the WRIA. Instream flow recommendations were not made for the Elwha River. The establishment of flow requirements was deferred for the Elwha River mainstem until the river has stabilized sufficiently after the dams are removed to assess habitat suitability and fish flow needs. Meeting the Criteria for Priority Processing As a change application, this application may be processed before any new applications. There are 13 pending change applications in WRIA 18, but within the Elwha drainage there are only the two change applications pending, which are the two submitted by Port Angeles (this change application, and its companion change application for the surface water diversion (1328.) Of those 13 change applications this change application is the last in order. However, the application has been determined to meet the criteria for priority processing for the reasons outlined below, and may be processed immediately. The Department of Health (DOH) has confirmed the public health significance of this application. Ecology received a letter on May 2, 2005 from Denise Lahmann at the Southwest Drinking Water Operations of DOH supporting the change in the point of diversion to provide a reliable source of water, to meet current and future drinking water standards, and to avoid unreasonable treatment costs resulting from water quality issues potentially caused by the removal of the Elwha dams. The DOH letter states that they believe that the proposed Elwha River surface water diversion and new filtration plant will protect public health by providing safe and reliable drinking water to the residents of Port Angeles. WAC 173- 152 -050 (c) allows an application to be processed prior to competing applications when there is a public health concern. Because the alternate point of diversion for this right will provide a source for the city's municipal drinking water permit and will funnel water through the temporary water treatment plant, Ecology agrees that the pubic health significance does apply. In addition to the benefits of this project for the city of Port Angeles, the restoration of the Elwha River is in the state and national interest, and will result in significant environmental benefit. 1.3.2 Public Notice A public notice detailing this proposed change was published in the Sequim Gazette for two consecutive weeks starting on September 14, 2005. An amended notice to rectify a typographical error regarding the quantity of water in the permit was published in the Peninsula Daily News on December 9, 2005. A second amended notice which included the conveyance of water to the tribal fish hatchery was published in the Sequim Gazette for two consecutive weeks starting on February 8, 2006. Due to a typographical error in the notice, it was republished in the Sequim Gazette for two consecutive weeks beginning on March 22, 2006. No protests were received as a result of these notices. 1.3.3 State Environmental Policy Act (SEPAL The city of Port Angeles has worked in cooperation with Olympic National Park and the United States Bureau of Reclamation to develop alternatives that will satisfy the delivery of drinking water after the Elwha dams are removed. Two Environmental Impact Statements and a supplement were completed to analyze alternatives to address mitigation for the effects of the removal of the two dams on the Elwha River. The Elwha River Ecosystem Restoration Final Environmental Impact Statement (June 1995) and The Elwha River Ecosystem Restoration Implementation. Final Environmental Impact Statement (November 1996). A supplemental EIS was prepared because there were substantial changes to the selected action regarding water supply, water quality, and flood control mitigation (Draft December 2004, and Final July 2005). Clallam County was designated as the lead for this project for the SEPA review (State Environmental Policy Act of 1971, Chapter 43.21 RCW). The county reviewed the documents described above used to meet the National Environmental Policy Act of 1969 (NEPA) (P.L. 91 -190, 42 USC 4321 -4347) to determine if they met the requirements of SEPA. On June 13, 2006, after reviewing comments from state, local and tribal agencies, Clallam County issued a Determination of Significance and Adoption of Existing Environmental Document. This means that Clallam County has determined that the existing NEPA Environmental Impact Statements meet the requirements of SEPA Report of Examination 3 No. G2 -21950 2.0 INVESTIGATION: This investigation was conducted by Peggy Clifford. In considering this application, my investigation included review of information submitted by the applicant and other reports by agencies working on the Elwha River Restoration Project, a visit to the site, a review of the existing water rights and well logs on file in the vicinity, topographic and local area maps, SEPA requirements, comments from other state agencies, and the Department of Ecology's records. Documents that were used in the investigation and preparation of this report are: The Elwha River Ecosystem Restoration: Final Environmental Impact Statement, U. S. Department of the Interior, National Parks Service (June 1995), The Elwha River Ecosystem Restoration Implementation: Final Environmental Impact Statement, U S. Department of the Interior, National Parks Service (November 1996), The Elwha River Ecosystem Restoration Implementation: Draft Supplement to the Final Environmental Impact Statement, U S. Department of the Interior, National Parks Service (December 2004), The Elwha River Ecosystem Restoration Implementation Final Supplement to the Final Environmental Impact Statement, U S. Department of the Interior, National Parks Service (July 2005), Elwha Surface Water Intake Facilities Predesign, City of Port Angeles, Basis of Design, Final Report, URS (October 2004) Elwha River Water Quality Mitigation Project Planning Report, Draft Report, URS (January 2002) Lower Elwha River Groundwater Resource Evaluation, Port Angeles, Washington, prepared for the U.S. Bureau of Reclamation by URS (December 21, 2001) DRAFT Water System Plan, City of Port Angeles (November 2001) Memorandum of Understanding Between the National Park Service and the City of Port Angeles and the Lower Elwha Klallam Tribe for the Design, Permitting, Construction, Operation, and Maintenance of Water Treatment or Related Facilities Pursuant to the Elwha River Ecosystem Fisheries Restoration Act (August 6, 2004). Elwha Rearing Channel Production Wells for Washington State Department of Fish and Wildlife, Robinson Noble, Inc. (December 1995) Ranney Method, Report of Performance Test Groundwater Collector No. 1, City of Port Angeles, Washington, Western Corporation (December 1977) Ranney Method, Controlled Pumping Test: Ranney Collector No. 1, City of Port Angeles, Washington, Western Corporation (June 8, 1994) Groundwater, Freeze, R.A. and Cherry, J.A. (1979) Geologic Map of the Elwha and Angeles Point 7 5- minute Quadrangle, Washington Department of Natural Resources, Polenz, M, Wegmann, K. W., and Schasse, H. W (June 2004) Water System Design Manual, Appendix E, Recommended Pumping Test Procedures, Washington Department of Health (August 2001) Washington Administrative Code (WAC) Chapter 173 -160, Minimum Standards for Construction and Maintenance of Wells National Parks Service website http:// www. nps .gov /olym /elwha/documents.htm A memorandum written by Department of Ecology staff licensed hydrogeologist, John Pearch, summarizing area hydrogeology (June 20, 2006) A letter from Steven Boessow, fish biologist, Washington Department of Fish and Wildlife (March 29, 2006) Existing water rights on file for the water system Records of other water rights in the vicinity Aerial photographs of the site Topographic and local area maps Site Visit On September 23, 2005, I visited the Port Angeles facility with Steve Sperr, who is an employee of Public Works department of the city of Port Angeles. We viewed the current point of diversion for the surface water certificate, and the proposed new location for the diversion. We also viewed the Ranney collector. The site is located in Clallam County, west of the city of Port Angeles, within the Elwha River watershed, in Water Resource Area 18. On October 13, 2005 I toured the same area with a group of employees from local, state and federal governments involved in the Elwha River Restoration Project. We again viewed the current and proposed points for the surface water right diversion, and the Ranney collector. We also viewed the two dams which are slated for removal, the existing tribal fish hatchery and the site of the new tribal fish hatchery. In addition, we viewed the location of a new well field currently under application review for a permit to supply water for the state fish hatchery (application no. G2- 29018). The well field is located adjacent to the Ranney collector and the surface water diversion. 2.1 History of Water Use An application for a groundwater right for municipal supply was filed with Ecology by the city of Port Angeles on March 1, 1974. The application was for a Ranney Well(s) infiltration system for 50 cfs, or 22,500 gpm, or 20,600 acre feet per year to supply the area served by Port Angeles. Previously the municipal water supply for the city came from a diversion on Morse Creek. Use of groundwater was thought to avoid expensive treatment methods required for surface water. Report of Examination 4 No. G2 -21950 Construction of a Ranney Well was completed in 1977, and consists of a 13 -foot diameter concrete caisson extending to a depth of 62 feet below ground surface. From the bottom of the caisson, seven 10.75 -inch outside diameter, horizontal screen laterals extend outward providing a total screen length of 528 feet. Pumping facilities in the Ranney collector consist of two 660 horsepower pumps rated at 3,700 gpm each at 530 feet total dynamic head. The water from the Ranney collector is disinfected by gaseous chlorine that is fed from 1 -ton cylinders to the water before release to the city of Port Angeles' municipal water distribution center. In 1985, the city observed a decline in collector capacity. The water level would decline with both pumps running until the low -level alarm was reached and one pump would automatically shut -off. The data for the collector was examined and it was concluded that the decline was due to the migration of the river channel The permit was extended until July 1, 2020 to complete the construction of an additional well. The city is currently using an average of 5.4 cfs per day (average over the past year), with one day peaks as high as 15.4 cfs per day, for municipal water supply. The annual quantity is approximately 3800 acre -feet per year. The city projects a demand of 4200 acre -feet per year by 2025. This application is to move the point of diversion from the Ranney well to a surface water diversion located 225 feet up river from the current surface water intake, and 3000 feet upstream of the Ranney collector, for the duration of the dam removal and for a period of time afterward until the river stabilizes. After that point the diversion will be used as an alternate source of water for the Ranney well. 2.1.1 Proposed Use Chance to add an Alternate Point of Diversion Currently, water for the city's industrial and fish rearing clients is supplied by means of a rock diversion structure and intake along the river. The municipal water supply is provided by groundwater from the Ranney collector. During the time of the dam removal, and in the period of high turbidity afterward, water for both industrial and municipal needs will be supplied by treated surface water. A new weir and intake structure will be built upstream 225 feet from the existing diversion structure because the existing diversion structure may be unstable during very high flow conditions. The weir will be designed to pass all fish and sediment. The new intake facility will be designed to divert up to 200 cfs to meet the city's current ability to withdraw water for fish rearing and industrial purposes, to serve as an alternate diversion for the municipal drinking water source supplied by the Ranney collector, and to provide water to the Lower Elwha Klallam Tribe's new fish hatchery consistent with the city's agreement. The new diversion will be located at river mile (RM) 3.48. This location was determined based on site investigations and the results of a physical model that was constructed and operated at the Bureau of Reclamation's hydraulics laboratory in Denver, Colorado. This location will provide adequate head for flow of river water to the location of the new Elwha water treatment plant (EWTP). Water collected from this intake will be routed through the EWTP. The EWTP will be located near the existing industrial intake channel at RM 2.8., and will treat water during spikes of turbidity. The plant will supply treated water to the tribal hatchery, the Nippon Paper industries treatment facility, the fish- rearing channel, and will serve as a back -up to a new municipal Port Angeles water treatment plant (PAWTP) during and for a period of time following dam removal. The city's current Ranney collector has been reclassified from groundwater, to "groundwater under the influence of surface water," by the Washington Department of Health in a letter dated April 25, 2000. The designation is based on testing results that suggest that the water from the city's Ranney collector is hydraulically connected to the surface water of the Elwha River. The Ranney collection facility must now meet requirements for treatment under both the enhanced surface water treatment rule and disinfection rule. Utilizing the surface water diversion as an alternative source for this right will allow treatment of water through the EWTP until construction of the new treatment plant (PATWP). Limited bench testing of the material behind the dams indicates a Ranney collector could be ineffective during periods of high turbidity because the aquifer would be susceptible to blinding (i.e., "sealing" of the surface). A surface water diversion to ensure supply during these times is considered preferable because of its predictability. The capacity of the new diversion and intake system would be sufficient to serve as a short-term or possibly long -term backup for the city's municipal customers if needed. It would also be a more reliable source of water than a subsurface Ranney collector or infiltration gallery during dam removal. During periods of high turbidity, a surface supply would allow the city to turn the Ranney pumps off and prevent potential plugging of the subsurface sand and gravels. When these high turbidity pulses have passed, and when sediments have stabilized several years after the dams are removed, the city would be able to revert to the use of the Ranney well and send water collected from it directly to a new water treatment plant. 2.2 Other Water Riehts Appurtenant to the Place of Use Of the 206 cfs of state issued water rights on the Elwha River, the city of Port Angeles holds 200 cfs this 50 cfs groundwater right permit for municipal purposes at the Ranney collector at RM 3.0, and a 150 cfs surface water right certificate for the industrial intake channel at RM 3.5. The surface diversion currently provides water to two users the Nippon paper and pulp mill and the WDFW fish- rearing channel. Private landowners, the Dry Creek Water Association (5 58 cfs), and the Elwha Place Homeowners' Association (0.4 cfs) also hold groundwater rights. The Lower Elwha Klallam Tribe and the tribal fish hatchery withdraw approximately 10 cfs. The United States holds additional unquantified water rights in trust for the tribe; these rights are not issued by or registered with the state. Report of Examination 5 No. G2 -21950 An application was submitted in 1994 by the Washington Department of Fish and Wildlife (WDFW) for a permit to drill new wells for fish propagation purposes. A maximum withdrawal rate of 2,000 gallons per minute (gpm) was requested. The well field is located at WDFW's Elwha hatchery and rearing channel site adjacent to the city of Port Angeles' Ranney well and surface water diversion. 2.3 Hvdroaeolosic Evaluation The capacity of a Ranney (radial) collector is based on the same principles as a vertical well; however, it is a larger effective radius than a vertical well because of the horizontal laterals located at the base of the collector pumping chamber. The yield from a radial collector is highly dependent on not only the permeability of the aquifer materials, but also proximity to and recharge from the river. A pump test was conducted on the Ranney collector at 7,685 gpm in 1977 with a drawdown of 19.4 feet in the collector. The static water level at the time of testing was approximately 54.6 feet MSL with the Elwha River level at 54 feet MSL. By considering the area underlain by the laterals equivalent to the circular area, the effective radius of the Collector is 49 feet. Details of the aquifer testing are presented in a report prepared on the Ranney Method by Western Corporation dated December 1977. Aquifer testing information presented in the report indicated that the transmissivity of the aquifer is in the range of 264,000 gallons per day per foot and the effective distance to the line of infiltration (i.e. the Elwha River) was calculated to be 242 feet. However, a more recent pump test (Ranney Method by the Western Corporation dated June 8, 1994) had found that the line of river infiltration had increased to 678 feet. The increase in distance and corresponding decline in collector capacity were attributed to loss of river flow in a side channel and increased distance (by 130 feet to the west) to the main channel of the Elwha River. River migration may play a significant role in the production of the existing and any potential new Ranney collectors. HYDROGEOLOGIC SETTING: This section describes in general terms of the geology, hydrogeology and hydrology along portion of the lower Elwha River valley, from the north limb of the Clallam syncline located within Section 10, T. 30 N., R. 7 W. W.M., to the confluence with Straits of Juan de Fuca, located within Section 27, T. 31 N, R. 7 W. W.M. The lower Elwha River valley is hydrogeologically complex because of the sequences of alluvial, glacial and older non glacial sediments deposited within the valley. However, the occurrence of groundwater is predominantly in the recent (Holocene) alluvial deposits and glacial outwash deposits. The URS (2001) report identified six hydrogeologic units in the area which are listed from youngest to oldest: Recent alluvium (Qal) is identified as the principal aquifer by USBR on the basis of the number of wells completed within in the unit and material characteristics. Most community domestic water wells operating in the area withdraw from this aquifer The recent alluvium consists primarily of coarse grained sand and gravel deposits within the uppermost portion of the deposits underlying the river valley. The aquifer is underlain by older, glacial and non glacial deposits, or sedimentary rock. The recent alluvium is typically between 50 and 100 feet thick in the valley. Wells in the alluvium are typically yield more than wells completed in glacial deposits capping the upland areas that flank the valley. The specific capacity of wells completed in the recent alluvium are typically greater than 10 gallons per minute per foot of drawdown (gpm/ft) and range to more than 100 gpm /ft, which allows for sustainable pumping rates of 100 to 1,000 gpm. This aquifer is the primary source of groundwater for the city of Port Angeles well. Recessional glacial outwash (Qvr) is exposed locally on the surface of bluffs overlooking the river valley. The unit consists of coarse sands and gravels that typically yield little water and are unsaturated Available information indicates that these materials are not used for water supply. These outwash deposits may also be present beneath the alluvium in the valley. Glacial till (Qvt) consists of a mixture of clay to boulder -sized materials that has a low permeability and generally acts as confining layer for groundwater on the uplands surrounding the valley. Usable quantities of water may be obtained from more permeable lenses of sand and gravel within the till. The till deposits are exposed in the bluffs bounding lower portion of the river valley and are between 50 and 150 feet thick. Wells completed within localized pockets of clean sand and gravel within the till supply less than 20 gpm. Non- glacial deposits are silty and clayey deposits inferred to be of marine or deltaic origin and are locally present near the Elwha River confluence with the Strait of Juan de Fuca The non glacial deposits are typically between 20 and 50 feet thick and do not yield appreciable water to wells. Older glacial deposits (Qpt) consist of an outwash deposit between 100 and 150 feet thick overlying bedrock containing gravel and sand with some cobbles. The deposit thins to the south and was not encountered in many well borings that penetrated to bedrock in the uplands surrounding the Lower Basin. Wells completed in this deposit reportedly yield less than 20 gpm. Bedrock The oldest hydrogeologic unit is a sedimentary rock composed principally of siltstone and sandstone of the Twin River Group (Hoko River Formation (Polenz et al., 2004). The Crescent Formation (basalts) is also present along the lower Elwha River valley and restricts the Elwha River (bedrock notch) from upstream of the Elwha rearing channel to the Elwha Dam. A few wells in the valley (south of SR 112) obtain groundwater from the bedrock units. Wells completed in the uppermost portion of this unit are Report of Examination 6 No. G2 -21950 assumed to be hydraulically connected with the overlying surficial deposits and reportedly yield less than 20 gpm. The saturated portions of the recent alluvial and glacial materials serve as an unconsolidated sedimentary aquifer which is bound by bedrock below. Recharge to the surficial sediments is from precipitation and infiltration from the Elwha River. Groundwater flow in the alluvial aquifer is generally south to north in the lower Elwha River valley, sub parallel to the river trend. Water levels in the recent alluvial aquifer within the river valley are generally consistent with river level elevations, suggesting a high degree of hydraulic communication between the river and the aquifer. Groundwater is typically unconfined. However, confined conditions were observed in the Lower Elwha River Klallam Tribal Fish Hatchery well which is constructed into the older glacial deposits. Groundwater discharge is typically to the Elwha River near the confluence with the Strait of Juan de Fuca or to pumping wells. According to the URS (2001) report, the transmissivity is consistent with that of a coarse gravel aquifer. URS (2001) identified differences in ground water conditions compared to pumping tests conducted for the WDFW well (Robinson Noble, 1995). URS (2001) identified groundwater to occur under unconfined conditions, where no confining units were observed in the valley up- gradient of the Elwha Tribal Hatchery during drilling, and no clear evidence of artesian conditions was apparent from water -level measurement. However, Robinson Noble (1995) reported groundwater to occur locally under confined conditions. According to Freeze and Cherry (1979), a confined aquifer is confined between two impermeable confining beds (e.g. clay) where no groundwater can leak through the confining beds. However, the wells in the Elwha Rearing Channel, all penetrate interfingered deposits of silty sand layers which most likely represent leaky semi confined conditions. The lower permeable deposits are not thought to be extensive, but locally show the influence of a thin, leaky bed that is sufficiently permeable to transmit water from the overlying unconfined aquifer into the semi confined aquifer. Surface Water Hvdroloav— Elwha River flow exceedance probability As precipitation begins to diminish in the spring, stream flow in the Elwha River is supplemented by melting snow from the Olympic Mountains. Specific hydrological data is available from the United States Geological Survey (USGS), which provides daily exceedance flow values for the streams and rivers throughout Washington. (Exceedance flows are the flows expected to be exceeded a specific percentage of the time e.g. the 50 percent exceedance flow would be exceeded 50 percent of the time.) The graph in Figure 1 shows the range of flows expected throughout the year based on daily averages during the period of record, 1897 -2004, at the USGS gage (no. 12045500) near McDonald Creek Bridge at river mile 8.6. Gage no. 12045500 is located upstream from the study sites in this report. The flow data from the Elwha and Glines Canyon Dams tend to mimic natural or historic flow since the flow is almost entirely through -flow (except for about 10 years of reservoir control in the 1930s). However, the hydrographs in Figure 1 only show the normal range of river flows with past and existing diversions in use. According to the USBR (personal conversation, Dick Bauman, March, 2006), the Elwha River flow is projected to be about the same following dam removal. The current USGS gage on the Elwha River at the McDonald Bridge is located between the two reservoirs (Lake Aldwell and Lake Mills). Flows as measured at the upstream site closely approximate flows at the city diversion because the projects are run -of- river, there are insignificant intervening inflows, and there are minor differences in watershed drainages. Hence, flows at the city's surface water diversion location mimic flows from the USGS gage. Report of Examination 7 No. G2 -21950 6000 5000 Flow Exceedence Probability Hydrograph 0 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Time of Year Figure 1: Elwha River Flow exceedance probability hvdroeranh (USGS Station no. 12045500, Period of Record 1897 -2004) Relationship between the Body of Public Groundwater and the Oriuinal Source, The Ranney well is completed within an unconsolidated aquifer that is in direct hydraulic continuity with the Elwha River, and is withdrawing Elwha River water. The proposed point of diversion will be drawing water from the same source, the Elwha River, as the original point of withdrawal at the Ranney collector well as a result of surface water ground water interaction. If water is not withdrawn from the Ranney collector well, it will be available for diverting at the subject surface water diversion location. Impairment on Existinu Water Riehts Summary fit- -10% Exceedence t Daily Mean 50% Exceedence 90% Exceedence A well log search indicated domestic, some irrigation, and municipal wells are located adjacent to the Elwha River valley. Most wells are upgradient of the Elwha Rearing Channel and completed into bedrock (basalt and sandstone) or adjacent glacial deposits and will not be impaired by the subject change. Several wells downgradient of the city's Ranney collector well and new surface water diversion are, however, completed in unconsolidated sediments of the Elwha River valley. Although the data provided by well logs suggests variation in aquifer properties, it should be noted that the majority of, if not all of, the wells do not fully penetrate the alluvial aquifer and that additional aquifer thickness is available. Aquifer properties do not appear to be limiting factor for current water users. Available drawdown in wells within the alluvial aquifer (approximately 2.5 miles down gradient of the proposed change) appears to be adequate (ranging between 10 and 96 feet). In addition, wells that are completed in the alluvial aquifer in the Elwha River valley have a very high specific capacity (25 to 333 gpm/feet of drawdown). The high specific capacity is due to the direct hydraulic communication with the Elwha River which enables wells to produce an ample amount of water making them less likely to be impaired. With the exception of the WDFW wells, all other wells within the alluvial aquifer are outside of the radius of influence of the Ranney collector well and far enough downstream. This particular change would actually provide additional groundwater in the alluvial aquifer while the Ranney well is shut down during the dam removal period. A Department of Ecology Water Right Tracking System (WRTS) query was conducted in the 4 sections encompassing the length of the river from the city's new point of diversion to the river's mouth (table 1). In addition to the Port Angeles rights, there were 23 active water right documents listed for this area. All but two of these were for groundwater. The four WDFW wells under water right permit number G2 -29018 are potential candidates for impairment. The nearest WDFW Well (95 -3) is only 200 feet away from the city's Ranney collector. The other WDFW wells (95 -1, 95 -2 and WB -2) are approximately 1,000 feet or greater from the Ranney collector The new surface water diversion /intake structure is proposed to be installed at approximately 200 feet upstream of the existing rock diversion dam (about 1600 feet up gradient of the WDFW wells). The city's new control weir /diversion will be about the same elevation (69.0 feet) as the existing rock diversion dam and is not anticipated to result in any changes in static water levels in the WDFW wells. Report of Examination 8 No. G2 -21950 According to Robinson Noble (1995) there is potential for the subject Ranney collector well and surface water diversion to have a small effect on the WDFW wells. However, the proposed surface water diversion will not result in impairment of the WDFW rights, as the wells will be pumped and monitored according to the provisions established in temporary permit G2 -29018 and in accordance with the agreement between WDFW and the city of Port Angeles dated March 28, 2005. Since the Ranney collector is currently capturing groundwater in direct hydraulic continuity with the Elwha River, it is anticipated that there will be the same amount of groundwater available in the alluvial aquifer once the Ranney collector becomes active, following dam removal. This temporary change to the proposed surface water diversion would also allow the WDFW wells to have almost no drawdown effects since the Ranney collector would not be operating and providing additional groundwater to the WDFW wells. When dam removal is completed and turbidity levels in the Elwha have subsided it is recommended that ground water levels in the WDFW and the Ranney collector wells be measured to record any changes in baseline water levels resulting from dam removal or changes in river hydraulics and morphology. While the US Bureau of Reclamation suggests that the removal of the Elwha and Glines Canyon Dams is not anticipated to increase the channel movement of the Elwha River, the Elwha River is currently experiencing changes in groundwater levels due to river channel movement, and further changes may occur as a result of dam removal. As a cautionary note, if for any reason the Port Angeles Ranney collector and the WDFW wells become completely unusable from the dam removal process (i.e., either from flood damage or losing their production capacity because of the lack of hydraulic connection with the river), these wells must be properly decommissioned according to WAC 173- 160 -381. If the wells are usable at a lower pumping rate, an alternative would be to reduce the capacity of the Ranney collector well to remain in production while adding a replacement well. The Dry Creek Water Association, Inc. wells and other nearby wells up- gradient will not be affected from the city's new diversion. The US Bureau of Reclamation plans to build a dike along the Elwha River that will protect property and infrastructure (including the Dry Creek Water Assoc. Inc. wells). This dike will be designed to withstand a 100 year flood event on the Elwha River which will be built according to the post -dam projected river stage (2.5 feet higher then current river stage). Wells and surface water diversions operated by the Lower Elwha Klallam Tribe will be discontinued and replaced with water from the city's new diversion New Tribal wells are proposed to be built following dam removal to provide cooling water for the tribal hatchery. These additional groundwater withdrawals are not anticipated to be impaired by the city's Ranney collector well or new diversion because of the high transmissivity in the Elwha alluvial aquifer, and because the new tribal well locations are far enough downstream from the city's Ranney collector, to be outside of the radius of influence of the collector. RECOMMENDATIONS: Establish a post dam base line monitoring of static water levels in the Ranney collector and WDFW wells (before, during and after dam removal) in cooperation with the Department of Ecology. It is recommended that a post dam survey of changes in river morphology as an indicator of potential changes in ground water discharge to base flows be assessed. Evaluation of a post dam removal groundwater budget may be useful in characterizing any significant changes in water levels. Any additional or replacement wells which may be installed as a result of channel migration or flood damage (including Ranney collector) should be pump tested consistent with WAC 173 -160 -321 and the Washington Department of Health Water System Design Manual, Appendix E, Recommended Pumping Test Procedures (August 2001). If any wells become unusable as a result of the proposed dam removal process (i.e., either from flood damage or significant loss of production capacity due to changes in hydraulic connection with the river), the wells must be properly decommissioned according to WAC 173- 160 -381. 2.4 Impairment Considerations I looked at the 4 sections encompassing the length of the river from the new point of diversion to the river's mouth (see Table 1). The sections I reviewed are Sections 10 3, T. 30 N., R. 7 W. W.M., and Sections 34 27, T. 31 N, R. 7 W, W.M. In addition to the Port Angeles rights there were 23 active water right documents listed for this area. All but two of these were for groundwater. Of the 23 documents, 7 were new applications. The remaining 16 water right documents include 8 claims, 2 permits, and 6 certificates. Because the Elwha River is known to recharge approximately 31 -40 cfs to groundwater, the subject aquifer is semi confined to unconfined and good hydraulic communication with the River is evident. The Ranney collector well and new diversion are not expected to affect flows on the Elwha River. Once the natural system is re- established and any river migration can be assessed, we recommend establishing new base levels for both surface and ground water from which post dam removal effects can be evaluated. Report of Examination 9 No. G2 -21950 2.5 Public Welfare Public Welfare considerations relevant to this project include the following• potential for saltwater intrusion, human health needs, promotion of regional public supply systems, potential for aquifer contamination /pollution, potential for cumulative impacts to other water rights /sources, consistency with water resource fundamentals, impacts to instream flows or perennial base flows, maximum net benefits to the state, impacts to water quality, effects on endangered or threatened species, impacts to aquatic habitat, and impacts to recreation or navigation. Steven Boessow from the Washington Department of Fish and Wildlife (WDFW) reviewed this water right change application. In a letter dated March 29, 2006, he stated that "the WDFW believes that the benefits associated with dam removal provide significant mitigation in relation to the impacts from the water diversion changes." A Hydraulic Project Approval (HPA) will be required for the artificial channel, the constructed riffle, and the diversion facility itself. Once the application for the HPA has been submitted it will be determined whether a screen intake is necessary to meet WDFW standards. 2.6 Consideration of Protests and Comments No protests were received as a result of these notices. No comments were made. Report of Examination 10 No. G2 -21950 File G2- 146379CL G2- 016863CL G2- 048471CL G2- '07856 G2 '07193C WRIS G2- 25391CWRIS G2- 25028CWRIS G2- 27055CWRIS G2 -28248 G2 -29421 G2 -28594 G2- 157797CL G2- 015743CL G2- 124263CL CG2 21950 CS2- `02137CWRIS G2 -21950 S2- '02137CWRIS S2- CCVOL1 -2P43 G2 -27862 G2- 076022CL G2- 24548CWRIS 02 -2/666 52 -29395 S2 -29396 G2- 006306CL G2 -29018 G2- 22576CWRIS TOTAL RECORDS SELECTION CRITERIA Region TRS Cert Person BAIREY PATRICK IBUDD ARTHUR W COLLINS MORGAN I Dry Creek Water Association 5617 Dry Creek Water Association Inc Dry Creek Water Association Inc Elwha Place Homeowners Association Elwha West Water System Green Crow Partnership Green Crow Partnership Green Crow Partnership 1 HALBERG BROS MCHAFFIE CLIFFORD PLUTE GEORGE Port Angeles City 1328 I Port Angeles City Port Angeles City 1328 Port Angeles City 1328 Port Angeles City Rainier Evergreen Inc RICHERT ROBERT J ISHOTWELL JON G SHOTWELL JONATHAN Spragg Terry I Spragg Terry TYDIARD HARRY L WA Department Of Fish Wildlife WETHERALD MILO 41 Stat Doc A I Claim L A Claim L A Claim S A Port A I Cert A Cert A Cert A I Cert A NewApp A NewApp A I NewApp A Claim L A Claim L A Claim L A 4 ChgApp A I ChgApp A Pmt A Cert A CertChg A I NewApp A I Claim L A Cert A I Pmt A NewApp A NewApp A Claim L A NewApp A Cert Southwest I I 31 ON 07 OW 34,30 ON 07 OW 10,31 ON 07 OW 27,30 ON 07 OW 03,30 ON 07 OW 15 Purpose IDG IDG IDG 11/10/1965 (MU 6/1/19641DM 10122/19791 DM 9/8/19781 DM 2/19/19871 DM 8/1 5/1 991 1 DM 9/30/19961 DM 7/22/19921 DM IDG IIR,DG IDG 7/22/20051MU 7/22/2005 ICI 3/1/1974 8/12/19271 CI 8/12/1927IFS 9/14/19901 DM IDG 5/16/19771 DM 11/2/1989 1 DM 5 /6 /19961MU.CI 5/6/19961 MU,C1 IST,IR 2/2/1994IFS 6/5/19741DM 1 1 1 Pnonty Dt Qi 2250 I 100 I 180 92 93 100 80 200 22500 150 22500 150 50 800 30 103 302 3 02 2000 20 UOM Qa GPM GPM I GPM GPM 1266 GPM 160 GPM 176 GPM 50 GPM 20 GPM 1 GPM GPM GPM GPM GPM GPM 20600 CFS GPM I 20600 CFS I 0 I CFS I GPM GPM GPM 4 GPM 11 2 CFS I CFS 1 GPM GP GPM M 1 1 Table 1: Water Rights Tracking System (WRTS) report for Water Rights along the Elwha River Ir Acres WRIA County TRS 0010 1stSrc I 18 CLALLAM 30 ON 07 OW 10 IWELL 1 18 CLALLAM 131 ON 07 OW 34 I 18 CLALLAM 30 ON 07 OW 10 WELL 18 CLALLAM 30 ON 07 OW 10 I WELL 18 CLALLAM 300N 070W 10 INE/SE WELL I 18 CLALLAM 30 ON 07 OW 10 NE/SE IWELL 1 18 CLALLAM 31 ON 07 OW 34 E2 /SW IWELL 1 18 CLALLAM 31 ON 07 OW 34 E2 /SW WELL I 18 CLALLAM 30 ON 07 OW 03 I WELL 18 CLALLAM 130 ON 07 OW 03 WELL 18 CLALLAM 130 ON 07 OW 10 IWELL 19 CLALLAM 31 ON 07 OW 34 (WELL 1 18 CLALLAM 30 ON 07 OW 10 I 1 I 18 CLALLAM 30 ON 07 OW 10 I WELL 1 18 CLALLAM 30 ON 07 OW 03 1 18 CLALLAM 130 ON 07 0W 10 NE/NE ELWHA RIVER 1 18 CLALLAM 30 ON 07 OW 10 (OTHER 18 CLALLAM 30 ON 07 OW 10 NE/NE IELWHA RIVER 18 CLALLAM 30 ON 070W 10 INE/NE IELWHA RIVER 18 CLALLAM 130 ON 07 OW 10 I (WELL I 18 CLALLAM 30 ON 07 OW 10 WELL 1 18 CLALLAM 31 ON 07 OW 34 NW /NW WELL 18 CLALLAM 31 ON 070W 34 WELL 18 CLALLAM 30 ON 07 OW 10 IELWHA RIVER 18 CLALLAM 130 ON 07 OW 10 1 IELWHA RIVER 18 CLALLAM 30 ON 07 OW 03 1 18 CLALLAM 30 ON 07 OW 03 WELL 1 18 CLALLAM 30 ON 07 OW 10 W2/NE WELL 1 1 I 1 I 1 I 1 3.0 CONCLUSION AND FINDINGS: The following discusses how the statutory authorities identified in Section 1.3 1 are met with this proposal. Chapter 90.03 RCW and Chapter 90.44 RCW authorize the appropriation of public surface and ground water for beneficial use and describe the process for obtaining water rights including the process to amend or change existing rights. Laws specifically governing the water right permitting process are RCW 90.44.050 through RCW 90.44.080, and RCW 90.03.250 through RCW 90.03.340. Under state law the following four criteria must be met for a permit to be approved: Water must be available There must be no impairment of existing rights The water use must be beneficial The water use must not be detrimental to the public interest Water Availability Groundwater It is anticipated that groundwater availability will remain the same following dam removal with the Elwha River valley. However, once dam removal sediments have been flushed through the river over an approximate five year period, water levels in nearby wells may vary in response to potential changes in river morphology. In this case it is recommended that a post dam removal groundwater budget be evaluated to understand the changes in groundwater availability for the city's Ranney collector as well as for the WDFW and tribal wells. Surface Water The Elwha River may be subject to low flow periods in periods (when diverting 200 cfs) during the dam removal period, but it is not anticipated that the surface water diversion will be affected from the low flows. It is therefore concluded that there will be ample water available for the requested appropriation. Impairment of Existing Richts This change will likely have little or no impact on water rights in the area. The Ranney collector well and new diversion are not expected to affect flows on the Elwha River. There will be no impairment of existing rights. Beneficial Use According to RCW 90.14.031, municipal supply is considered a beneficial use. Public Interest Table 2 Summary of Criteria for Public Interest Test for Ground Water Permit Number G2 -21950 Public Interest Test Criteria I Comments Potential for saltwater intrusion Given the distance from saltwater the potential for saltwater intrusion is low. Human health needs Promotion of regional public supply systems Potential for aquifer contamination /pollution Consistency with water resource fundamentals of RCW 90.54 Consistency with state and federal natural resource management plans, including analysis of ESA ramifications Impacts to aquatic habitat This proposal would provide a treated public drinking water supply which is especially important during the period of dam removal. This change will allow the municipal water supply to be available regardless of possible detrimental effects of dam removal. This application is not expected to result in aquifer contamination or pollution. Potential for cumulative impacts to other water The impairment assessment indicates that other water users are not likely users to be prevented from withdrawing their allotted water. This transfer meets the fundamentals of state water law, specifically: RCW 90.54.005 Objectives to provide water for residential needs RCW 90.54.920 —No impairment of existing rights Impacts to instream flows or perennial base The transfer from groundwater to surface water will result in a possible flows minor short-term impact to instream flows in the Elwha River. This proposal will provide a reliable long -term alternative supply of safe Maximum net benefits to the state drinking water for the city of Port Angeles, and contributes to the Elwha River restoration efforts. This proposal is consistent with local, state and federal management plans, and the potential negative impact to ESA species has been analyzed and has been found to be minimal and offset by the benefits to ESA species from the Elwha River restoration project. The Elwha River restoration project, of which this application is a part, will result in beneficial aquatic habitat. Impacts to recreation or navigation uses The Elwha River restoration project, of which this application is a part, will be beneficial to recreation or navigation uses of the Elwha River. After considering these criteria, no detriment to the public interest could be identified during the investigation of this application for change. In addition, the change will be beneficial to the Elwha River restoration efforts. CONCLUSION: 1. The application meets the criteria for priority processing under Chapter 173 -152 WAC. 2. This permit represents a valid permit in good- standing, and as such is eligible to be changed as requested. 3. Water will continue to be used for a beneficial purpose, the supply of public water to a municipal population. 4. Issuance of this change is not expected to impair any existing water rights, whether junior or senior. 5. The change is not detrimental to the public interest. Issuance of this change is not expected to cause any detrimental affects to the natural environment. 6. The original findings drafted for this permit found that water was available for appropriation; the modification reflected by the issuance of a superseding document does not change our original determination. 4.0 RECOMMENDATION: In accordance with Chapter 90.03 RCW, I find that water is available from the source in question, that this is for a beneficial use, and will not impair existing water rights or be detrimental to the public interest. Based on my evaluation of this request, I recommend approval of this Application for Change and issuance of a superseding permit. A construction schedule currently exists for the development of another Ranney collector on this permit, for completion of construction by July 1, 2015, and water put to use by July 1, 2020. An additional construction schedule which applies only to the new diversion will be as follows: Begin project by July 1, 2010, Complete construction by July 1, 2011, PROVISIONS: This superseding permit is subject to the following provisions: "For the additional point of diversion, both sources can be interchangeably and or simultaneously utilized provided that the limits of the right are not exceeded. "If the criteria in RCW 90.03.386(2) are not met and a Water System Plan /Small Water System Management Program was approved after September 9, 2003, the place of use of this water right reverts to the service area described in that document. If the criteria in RCW 90.03.386(2) are not met and no Water System Plan /Small Water System Management Program has been approved after September 9, 2003, the place of use reverts to the last place of use described by Ecology in a water right authorization." A certificate of water right will not be issued until a final investigation is made. The permit is issued subject to Washington Department of Fish and Wildlife screening criteria as outlined in a hydraulic project approval. Please contact the Department of Fish and Wildlife, 600 Capital Way North, Olympia, Washington, 98501 -1091, Attention: Habitat Management Division, (360) 902 -2534, to obtain specified requirements for your project. The intake shall be screened at all times in accordance with Department of Fish and Wildlife screening criteria. This water right is issued subject to Washington Department of Fish and Wildlife Hydraulic Project Approval. Department of Ecology personnel, upon presentation of proper credentials, shall have access at reasonable times, to the records of water use that are kept to meet the above conditions, and to inspect at reasonable times any measuring device used to meet the above conditions. An approved measuring device shall be installed and maintained for each of the sources identified by this water right in accordance with the rule "Requirements for Measuring and Reporting Water Use Chapter 173 -173 WAC. Water use data shall be recorded daily. The maximum monthly rate of diversion /withdrawal and the monthly total volume shall be submitted to Ecology by January 31st of each calendar year. The following information shall be included with each submittal of water use data: owner, contact name if different, mailing address, daytime phone number, WRIA, Permit/Certificate /Claim No., source name, annual quantity used including units, maximum rate of diversion including units, monthly meter readings including units, peak monthly flow including units, Department of Health WFI water system number and source number(s), purpose of use, fish screen status, well tag number, open channel flow or pressurized diversion and period of use. In the future, Ecology may require additional parameters to be reported or more frequent reporting. Ecology prefers web based data entry, but does accept hard copies. Ecology will provide forms and electronic data entry information. Submit data to: Department of Ecology, SWRO /WR PO Box 47775, Olympia, WA 98504 -7775. Chapter 173 -173 WAC describes the requirements for data accuracy, device installation and operation, and information reporting. It also allows a water user to petition Ecology for modifications to some of the requirements. Installation, operation and maintenance requirements are enclos ed as a document entitled "W r Measurement Device Installation and Operation Requirements tk V U Report of Examination 13 Date: No. G2 -21950 Upon reviewing the above report, I find all facts, relevant and material to the subject application, have been thoroughly investigated. Furthermore, I find water is available for appropriation and the appropriation as recommended is a beneficial use and will not be detrimental to existing rights or the public welfare. Therefore, I ORDER a permit be issued under Ground Water Application Number G2- 21950, subject to existing rights and indicated provisions, to allow appropriation of public ground ta water for the amount and uses specified in the foregoing report. Signed t Olympia, Washin on, this day of 3 (4, l/I U(1 2007. Report of Examination 6 Thomas Loranger Water Resources Section Manager Southwest Regional Office FINDINGS OF FACT AND DECISION 14 No. G2 -21950 Attachment 1 Port Angeles/ Elwha River POW/POD Locations cic:,,,,,, ..,„li...1(::z,:, :...Y' t...34 11 --.:':j 4),:.‹-.-5 t, X. .0 I f' E 12 5J2 `',fi .iika, a_lizio 33 'NS 0 CI R.:' NI k ,4 I n'' 4 N .1 T ON p: R7W;. t.I ''3 4..i41.4.: A l i fi F\ 1 -7:1 if 7 i :1 ‘1.144,,T, „if- L ii t 'q 1 ,,rf 7, 7 c 4.,,, h k 43919L R70 r r ,)vi r:' '''s.t,,,al I. '1.., 1 •t? 64 Ai X I 1 l''" t 1 Ranney Collector „14.- 1 1 t.. -1 \r. x tide ?1 VVDFW Reanng Channel 1 4\ '1) ,1 i/93 A Existing Surface Water Diversion New Surface Water Diversion (350 ft up flyer) Elwha Dam Miles Report of Examination 15 r Legend Authorized Point of Withdrawal (Ranney collector well) Authorized Point Diversion (Surface Water) Existing Point Diversion (Surface Water) Contour Lines State/Federal Highways Cities I Lakes and Straight of Juan de Fuca Major Rivers City of Port Angles Certificate 1328 and G2-21950 Sec. 3 10, T3ON, RO7W WRIA 18 Clallam County rt Avd Lake Aldwell tiv141A3134 if 3 ECOLOGY Comments GIS Map Produced by: John Pearch USGS Base Map Elwha 7 1/2" quadrangle Ranney collector well 900 feet west and 1000 feet north of the SE corner of Sec 3 (existing) Surface Water Diversion NE, NE, Sec 10, T3ON, R7W (new proposed) Place of Use Area served by City of Port Angeles No. G2-21950 Burctu of Governmental Research UNIVERSITY OF Association•of Washington Cities WASHINGTON MUNICIPAL RESEARCH AND SERVICES 264 -266 Social Sciences Hall Seattle 5 ATTORNEY GENERAL'S OPINION RE: Legality of municipal financial assistance to recreational council Honorable Cliff Ye lle State Auditor Legislative Building Olympia, Washington Attention: Lawrence Hubble Chief Examiner Dear Sir: This will acknowledge receipt of your request for an opinion as to whether the town of Tumwater may give financial assistance to the Tumwater Recrea- tional Council, a non profit corporation. The Recreational Council would like to construct and operate a building as a community recreational center. The Council has asked for the following assistance from the town: (1) A 25 year lease of certain town property at the rate of 1.00 per year with a provision for reverter to the town of the improvements (the building) placed on the property; (2) The aid of town funds in completing the building; and (3) Maintenance and janitor service furnished by th town. Section 7, article 8 of the state constitution provides: "No county, city, town, or other municipal corpor- ation shall hereafter give any money or property, or loan its money or credit, to or in aid of any individ- ual, association, company, or corporation, except for the necessary support of the poor and infirm, or be- come directly or indirectly the owner of any stock in or bonds of any association, company, or corporation." The town of Tumwater, of course, comes squarely within this prohibition and, consequently, may not contribute funds to aid in the construction of the building nor may it undertake to furnish janitor or maintenance service. The theory underlying the constitutional Prohibition is to prevent munici- palities from engaging in enterprises foreign to their fundamental purposes, and from assuming liabilities not within the ambit of their designated powers. See 50 A. L. R. 1208. The weight of authority supports the view that consti- tutional prohibitions, such as that contained in the Washington constitution, are applicable oven where the expenditures sought to be made are for the public benefit through subsidizing private, rocroa'tional or entertainment enterprises. See 116 A.L.R. 389, 894 -898. Our supreme court has followed the majority view, the constitution makes no distinction between purposes, but directly and unequivacally prohibits all gifts of' money, property, or credit to, or in aid of, any corporation. Johns v. Wadsworth, 80 Wash. 352, 354, 141 Pac. 892. Furthermore, the well recognized rule that a municipal corporation has only such powers as are conferred by statute (State ox rel. Port of Seattle v. Hon. Cliff Yelle -2- Fobruary 21, 1946 Superior Court, 93 Bash. 267, 160 Pac. 765; Abordoon v. National Surety Co., 151 Wash. 55, 275 Pac. 62) means that in the absonce of statutory authoriza- tion; the municipality cannot take positive action. Rendering financial as- sistance to a recreational ontorprise is not within the scope of the town's dologatod authority. Wo tako a differont view as to tho propriety of leasing town property to the non profit corporation. The property involvod is Block 27, Barnos addition, which was donated to Tumwator. According to oral advice from Kr. Will E. Dorig, city attorney for tho town of Tumwator, no use is being made of tho proporty in quostion. The Recreational Council, if it obtains tho loaso at a nominal rato, i.o., 01.00 a yoar for 25 yoars, will oroot a building which will bocomo the town's property upon termination of tho loose. Section 1, chaptcr 214, Laws of 1945, provides in part: "The council of said town shall havo power: "To purchase, loose or receive such roil ostate and porsonal proporty as may bo nocossary or proper for municipal purposes, and to control, disposo of and convoy the same for tho bonofit of tho town; This suction cloarly authorizes the town to receivo tho gift of property and to dispose of it in a manner beneficial to the town. .To loaso property for recreational purposes results in a dual benefit inasmuch as the town benefits from the recreational facilities to be erected, and also from the building which will revert to the town upon termination of the lease. If the lease is consummated according to the terms mentioned above, we feel that section 7, article 8 of the constitution will not be violated as no property is being given to the Recreational Council, since the property at the present time is being put to no use whatsoever. Tho instant situation is to be distinguished from one in which a town attempts to lease to a private corporation at a nominal rental, proporty which has been a profitable source of income. The giving up of some bonofits from property in order to lease it for recreational purposes might possibly be construed as giving money or property in violation of the constitutional provision. LL:zmw Yours very truly, S M I T H T R O Y Attorney General By LUC I LLE LO!v N Assistant Attorney General Bureau of Governmental Research Dear Sir: UNIVERSITY OF WASHINGTON MUNICIPAL RESEARCH AND SERVICES 264 -266 Social Sciences Hall Seattle 5 ATTORNEY GENERAL'S OPINION RE: Municipal expenditure for liability insurance Honorable Cliff Yelle State Auditor Olympia, Washington ATTENNTION: Mr. Lawrence Hubble, Chief Examiner Division of Municipal Corporations Association of Washington Cities COPY March 26, 1946 This will acknowledge receipt of your,request for an opinion concerning the legal- ity of municipal expenditures for premiums on insurance policies which protect the city from any liability which might arise from damage due to the operation of its fire, police or other equipment. If the city might become liable for claims arising from the operation of its equip- ment, it c.rn protect itself from such liability by taking out insurance policies. See our opinion to the strte auditor, dated April 16, 1943, a copy of which is e closed. Our court in Hfsgerman v. Seattle, 189 Wash. 694, 696, .66 P. (2d) 1152, stated: the judicial decisions of this country have, with nr'ctical unanimity, declared and uphold the doctrine that municipalities are no'. liable for 1he negligence of their officers and employees when ong ^god it '.C,,` p„!•fermance of governmental or public duties, but are liable for thoiI ne6 ;once w'"c;n per- forming duties Consequent upon the exercise, by the muni ipal1ty, of its cor- porate or private powers. It is recognized in the same case that the doctrine of immunity does not apply °where damage or injury hes been incurred through the establishment, maintenance or permission of a nuisance." 189 Wash., at page 698. In the case of Mole Metropolitan Park Dist. of T ^comes., 181, Wash. 177, 182, 42 P. (2d) 435, the court stated: n Under our statutes and there can be no recovery.. for the performance of governmental duties by rosp.ndent for mere negligence on the part of its employees or officers; end the was no shoving that a nuisance was created and existed which w ould in effect e ve rise to a liability." (Emphasis supplied) The appellant in Krings v. Bremerton, 22 Yvn. (2d) 220, 155 P. (2d) 493, contended that the defective condition of a garbage truck made it a nuisance so as to bri_ the case within the nuisance exception to the governmental innumity doctrine. h.a supreme court entertained the argument but concluded that there was no basis for finding that any defect in the truck proximately contributed to the accident. Tho significance of the case in relation to your question is that, by considering the argument, the court reaffirmed the validity of the exception and applied it speci- fically in reference to a city vehicle. Since a city may become liable for damages resulting from the operation of its equipment, if the equipment is so defective as to constitute a nuisance, oven if used in connection with the discharge of governmental functions, it may take out insurance to protect itself. Moreover, a city has a moral obligation to pay for damage done by its equipment, and some cities have recognized this obligation to the extent of making voluntary payments to those injured. Such voluntary payments prcdiceted upon a moral standard are to be distinguished from more gratuities. ft is our opinion that this Sorel obligation to pey for d-.m gc done, whether in a governmental cep ^city or otherwise, legalizes any expenditure for premiums. 'Fee insurance policies, however, should contain a clause whereby the insurer agrees to waive any right of defense based on the governmental immunity of the insured. Such a clause will assure the utmost benefit from the policies, Any vehicles operated in connection with the corporate or proprietary activities of o municipality clearly may be insured as the doctrine of immunity does not preclude liability in the exercise of corporate powers. Hagerm ^n v. Seattle, supra. A different approach to the problem, but one equally beneficial in its results is for a city to provide liability insurance to protect jts employees from liability that might be imposed upon them for damage done while operating city equipment. If this insurance constitutes r., part of the employment contr -ct we feel there will be no question as to its legality. This opinion necessarily dods only with generalities. In the last analysis the propriety of municipal expenditures for liability insurance will depend upon the terms of the individual insurance contr and the power, either statutory or charter, of the municipality involved. If at any time you '.eve a question as to a specific policy we shall be happy to examine it for you. LL:hcc Enclosure 1 Yours vory truly, SMITIH TRUY Attorney General LUC ILE ',MEN Assistant Attorney General Bureau of Governmental Research UNIVERSITY OF WASHINGTON MUNICIPAL RESEARCH AND SERVICES 264 -266 Social Sciences Hall Seattle 5 ATTORNEY GENERAL'S OPINION RE: Deposit of municipal funds in savings and loan association COPY Honorable Cliff Yelle State Auditor Legislative Building Olympia, Washington ATTENTION: Lawrence Hubble, Chief Examiner Dear Sir: Association of Washington Cities March 28, 1946 This will acknowledge receipt of your request for an opinion as to whether a county, city, town, or other municipal corporation may deposit funds in a savings and loan association. Chapter 235, Laws of 1945, known as the "Savings and Loan Association tact of 1945," provides inter alia: "Sec. 44. The State of Washington and the municipal corporations thereof may become members in savings and loan associations." The public policy with respect to the deposit and safekeeping of public funds has been well defined by a series of special enactments. Chapter 37, Laws of 1907, as amended by chapter 129, Laws of 1945 (Rom. Rev. Stat. 5548 to 5561) provides for state depositaries and regulates the deposit of st -to moneys therein; chapter 51, Laws of 1907, as last amended by chapter 73, Laws of 1945, (Rem. Rev. Stat. 5562 to 5567) relates to the deposit of public funds by the county treasurers of the state; and chapter 103, Laws of 1905, as last amended by chapter 240, Laws Of 1945, (Rem. Rev. Strt. 5568 to 5574.5), regulates deposits of public funds by city treasurers. A careful study of those public funds depositary statutes and the savings and loan association act indicates that the two are irreconcilable. Section 26, chapter 235, Laws of 1945, provides that the board of directors shall designate the depositary or depositories for funds of the association. Public funds, on the other hand, are to be deposited only in institutions approved by the state finance committee (Rom. Rev. Strt. 5488) which have deposited certain securi- ties with state treasurer or provided a security bond (section 1, chapter 129, Laws of 1945), institutions designated by the county treasurer (Rem. Rev. St 5562) which have filed security bonds or certain types of securities with the county trea- surers (section 1, chapter 173, Laws of 1945) or institutions designated as doposi- trries by city treasurers (Rem. Rev. Stat. 5568 and 5571) which have filed contracts pertaining to interest payment and surety bonds or security as required (section 1, chapter 240, Laws of 1945). Public funds entrusted to the savings and loan asso- ciations could be deposited in institutions which have not complied with the statu- tory regulations for public fund depositaries. Sections 98 and 99, chapter 235, Laws of 1945, provide thv t the supervisor of env ings ^and loan associations shall, under certain circumsta._icos, permit or require en association to postpone for certr.in periods the pay Lent of proportions or amounts of requests for :rlithdri gal. The statutes rel ;tin&; to public funds deposi- taries requiring the filing of bonds or other security ere conditioned upon the prompt payment of checks (section 1, chapter 13, section 1, chapter 129, section 1, chapter 240, Levis of 1945) Sound public policy demands that the public funds of the state, counties or other municipalities be constantly available for the trans action of public business whereas the savings and loan association act is designed to give stability to the financial structur:- of the association and, hence, permits payment to be postponed when en emergency exists. Section 47, chapter 235, Laws of 1945, provides that "all savings shall share pro- portionately in all earnings and all losses of the association." Sections 55 and 56 of said chapter contemplate losses to members end reduction of accounts when segregation of assets is necessary to st':bilize the condition of an association. The sharing of losses is contrary to the theory which underlies the several enact- ments relcting to public funds. A careful study of chapter 235, Lars of 1945, reveals numerous other operative pro- cedures which cannot he adapted to the state or its subdivision without enabling legislation. !However, it is not necessary at this time to set them forth at length. The Savings and Loan Association ..ct of 1945 in no wise purports to amend any of the public funds depositary statutes rhich he ve been cited. And the rule relating to appeals b° implication precludes the vier that chapter 235, Lars of 1945, was in- tended to repeal the special stututes relating to the deposit and safekeeping of public funds. Cf. Stnte ex rel. i.eietchee 'eights R. Dist. v. Banker, 179 ,.ash. 343, 37 P. (2d) 1115. The depositary la are still in full force end effect and under them the state, county or other municipality ca -met regul -arly deposit public funds in savings and loan associations. Aside from the statutory considerations already discussed, we are of the opinion that the associations are within the ban of article VIII, section 7 of the state constitution, which reads as follows: "No county, city, to or other municipal corporation shall hereafter give any money or property, or loan its money or credit, to or in aid of any individual, ass=ociation, company, or corporation, except for the necessary support of the poor and infirm, or become directly or indirectly the owner of any stock in or bonds of any association, company, or corporation." An essential characteristic of the associations is to render riutual aid. See 9 Am. Jur. 105, 106, Building and Loan Association, sections 11 and 12; section 79, chapter 235, Laws of 1945. This is further borne out by the provisions for the porportionate sharing of profits and losses. You are advised, therefore, that in our opinion public funds may not be deposited in savings and loan associations. LL:zmw Yours very truly, S ITII TROY littorney General By LUCILL L0 ?°1N Assistnt Attorney C,enewal BONNEVILLE RESALE RATES STANDARD RESIDENTIAL RATE Schedule 1 Availability Applicable to domestic use of all residential customers including single phase motors with individual rated dapacity of Ti H.P. or less. Service under the Residential Rate shall apply only to electric service in a single private dwelling and its appurten- ances, or for general farm service, including water heating, and not for resale to others. Private dwellings in which space is occasionally used for the conduct of business by a person re- siding therein will be served under the Residential Rate. Where a portion of a dwelling is used regularly for the conduct of business, the electricity consumed in that portion so used will be separately metered and billed under the Commercial Lighting and Power Rate. If separate circuits are not provided by the customer, the entire premises shall be classified as non- residen- tial and billed accordingly. The Residential Rate shall not apply to service to institutions such as clubs, fraternities, orphanages or homes; recognized rooming or boarding, houses; the space in an apartment or other residential building primarily devoted to use as an office or studio for professional or other gainful purposes. Rates First 50 kw -hrs. used per month d 3/ per kw -hr. Next 50 t+ I? n n 2¢ n n Next 200 n n n 1/ n Next 900 n n n n 1 r► Over 1200 n n a 3/ n Minimum Monthly Bill 751 not per month for each meter, except that to pro- mote the extension and use of service in rural areas of low customer density, higher minimum monthly bills may be applied by the Distributor in accordance with reasonable rural extension rules, with the consent of the Administrator, provided that there shall be no increase in minimum bills of existing customers. Payment The above rates are not, the gross rates being 5% higher. In the event that the current monthly bill is not paid within fifteen days from date of bill, the gross rates shall apply. Delivery Point The above rates are based upon the supply of service to the entire premises through a single delivery and metering point, and at a single voltage and phase. Separate supply for the same customer at other points of consumption, or at a dif— ferent voltage or phase shall be separately metered and billed. Rules and Regulations Service under this classification is subject to the Rules and Regulations of the Distributor. Amortization Surcharge If necessary, in order to provide the Distributor with sufficient revenues in the developmental period to amortize debt, in addition to meeting the other costs of operation, the Distributor, with the written Consent of the Administrator, may impose a temporary amortization surcharge. Distributor may initially determine and may from time to time vary such surcharge, provided that for users on residential rates it shall not exceed $1.00 per month, except in cases of rural service where the character of the territory served makes a higher surcharge necessary. All surplus revenue (as defined in the contract of which this schedule is a part) shall be used to reduce or eliminate surcharges. STANDARD COMMERCIAL LIGHTING AND POWER RATE Schedule 2 Availability Applicable to all commercial and non residential light, heat and power customers. Energy supplied under this schedule shall not be submetered for i4esale or resold to others. Rates Energy Charge: First 150 kw -hrs. used per month 3% per kw -hr. Next 350 ft 11 2 tt kw; hr. 1,000 ft ft 1% tt Next 13,500 1e ft 0.8% Next 25,000 If tt 0.61 Next 60,000 It It 0.4X n Excess above 100,000 ft f" 0 0.3% if Demand Charge: First 10 KW of demand per month No demand charge Excess above 10 KW ft 95% per KW The energy charge for use in excess of 360 times the demand shall be subject to a reduction of 0.5 mills per kw -hr. from the otherwise applicable rate. Determination of Demand Demand measurement shall be made by suitable instruments at the point of delivery. Demand for any month shall be defined as the average kilowatt delivery during the 30•minute period in which the consumption of energy is the greatest during the month for which determination is made. Adjustment of Demand Charges for Power Factor Demand charges shall be adjusted for customers with 50 kilowatts or more of measured demand to correct for weighted average power factors lower than 85%, and may be so adjusted for other customers if and when Distributor deems necessary. Such adjustments will be made by taking .85 of the demand determined as stated above, and dividing this amount by the weighted monthly average power factor. Minimum Charges For customers with 10 KW or less of measured demand the net monthly minimum bill shall be 11.00 for each meter, except that to promote the extension and use of service in rural areas of low customer density, higher minimum monthly bills may be applied by the Distributor in accordance with reasonable rural extension rules, with the consent of the Administrator, provided that there shall be no increase in minifnum bills of existing customers. Far users whose measured demand in any of the past eleven months exceeds 10 KW the minimum charge's shall be as follows: The minimum monthly bill during the service period shall be 60% of 95% times the highest demand during the preceding eleven calendar months. For seasonal customers taking service for less than one full year, the minimum annual charge, including demand and energy, shall be $6.%. (60% of 95% times 12) per kilowatt of the highest measured demand occurring during any month of each year of service. The estimated minimum annual charge will be collected in equal installments during the first four consecutive months of service, and will be adjusted at the end of the service period, at which time customer shall pay the excess, if any, of the minimum charge over the total amount previously billed to and paid by customer during the annual period. Seasonal customers shall pay in addition the actual cost of connections and disconnections in excess of one of each per year. Payment The above rates are net, the gross rates being 5% higher on the first $25 and 1% on the remainder of the bill. In the event the current monthly bill is not paid within fifteen days from date of bill, the gross rates shall apply. Delivery Point The above rates are based upon the supply of service to the entire premises through a single delivery and metering point, and at a single voltage and phase. Separate supply for the same customer at other points of consumption, or at a different voltage or phase shall be separately metered and billed. Contract Requirement Customers whose measured demand in any month exceeds 10 KW may be required to execute a contract for a minimum term of one year. Rules and Regulations Service under this classification is subject to the Rules and Regulations of the Distributor. Amortization Surcharge If necessary, in order to provide the Distributor with sufficient revenues in the developmental period to anortize debt, in addition to meeting the other costs of operation, the Distribu- tor, with the written consent of the Administrator, may impose a temporary amortization surcharge. Distributor may initially de- termine and may from time to time vary such surcharge. All surplus revenue (as defined in the contract of which this schedule is a part) shall be used to reduce or eliminate surcharges. r STANDARD STREET LIGHTING RATE Schedule 3 Availability Applicable to service for street lighting systems, includ- ing street lighting, signal systems and roadway and park lighting for a term of not less than one year Character of Service Alternating current service, either series or multiple system, or in combination, at option of Distributor. Rate The rates for this service consist of two parts, as follows: I. Energy Charge First 150 kw -hrs. used per month C 3% per kw -hr. Next 350 t► It t► g 2% It n Excess above 500 It tt 1% II. Investment Charge The annual investment charge (for the cost of operation, main- tenance and fixed charges on the Distributor's special investment for street lighting service) shall be 9% of such special invest- ment, determined as set forth below. This charge will be recomputed on January 1 of each year and one- twelfth of the total annual charge so computed will be billed customer monthly. Method of Determining Distributor's Investment The investment in property and equipment used as a basis for the investment charge contained in this schedule shall consist of the cost of property and equipment used solely for street light- ing purposes, such as lamps, fixtures, brackets, mast arms, conduc- tors, poles, posts, standards, control equipment, switches, trans- formers, etc. If any part of the street lighting system has not been built at the expense of Distributor, a deduction shall be made from the investment charge in the amount of L of the investment in such part. If the cost of additions to and replacements of any part of the street lighting system operated by the Distributor but not built at its expense is carried by other agencies owning such property, the investment charge applicable to this portion of the system will be 2% per year. Lamp Renewals Distributor shall keep a record of the number and type of lamp replacements and customer shall be billed monthly for the replacements during the month at actual oost to Distributor, including appropriate overheads. Relocation of Lamps Distributor shall, at the request of customer, relocate or change existing equipment. Customer shall reimburse Distri- butor for such changes at actual cost, including appropriate overheads. Metering All energy consumed under this schedule shall be metered excepting installations where, in the opinion of Distributor, metering would be impracticable. When the consumption is metered, the meters shall be installed in or connected to the lighting circuit and the billing shall include the energy delivered to and consumed in all cir- cuits and equipment used exclusively for street lighting pur- poses. If more than one meter is used, the readings shall be consolidated for billing purposes. When the energy is not metered and also when a meter reading is found to be in error, the consumption for billing pur- poses shall be computed from the rated capacity of the lamps plus 5% for losses, multiplied by the number of hours of use. Payment The rates included herein are net, the gross rates being five percent (5%) higher on the first $25 and one percent (1%) on the remainder of the bill. In the event the current monthly bill is not paid within fifteen days from data of bill, the gross rates shall apply. Amortization Surcharge If necessary, in order to provide the Distributor with sufficient revenues in the developmental period to amortize debt, in addition to meeting the oth;,r costs of operation, the Distribu- tor, with the written consent of the Administrator, may impose a temporary amortization surcharge. Distributor may initially de- termine and may from time to time vary such surcharge. All surplus revenue (as defined in the contract of which this schedule is a part) shall be used to reduce or eliminate surcharges. AGREEMENT AN AGREEMENT between Puget Sound Power Light Company, a Massachusetts corporation, and Public Utility District No. 1 of Clallam County, a municipal corporation organized under the laws of the State of Washington: 1. PARTIES In this agreement the parties will be referred to respectively as "Puget" and the "District 2. RECITALS Puget is an electric public utility operating several electric generat- ing plants, both hydroelectric and steam driven, and furnishing electric ser- vice to the public in the western part of the State of Washington. The District is operating as a public utility an electric distribution system located in Clallam County, together with a 66,000 volt transmission line located between Puget's Bremerton Junction Switching Station in Jefferson County, and the Oak Street Substation of the District in Port Angeles. Said transmission line will be referred to in this agreement as the "Port Angeles Line 3. GENERAL STATElU1ENT OF PURPOSES The parties desire by this agreement to make provision for the sale and delivery of electricity by Puget to the District at wholesale and the with- drawal from the Port Angeles Line of the electricity needed by Puget to supply service to its customers in the vicinity of Maynard in Jefferson County. 4. COVENANT TO BUY AND SELL Puget agrees to sell and deliver to the District and the District agrees to purchase from Puget exclusively during the full term of this agreement, and to accept delivery thereof at the point or points of delivery below stated, all of the electricity which the District shall require or use in the opera- tion of its electric distribution business in Clallam County; provided, however the District agrees that it not, without the written consent of Puget, resell any of such electricity to customers located in any area outside of Clallam County which at the time is or in Puget's judgment reasonably can be served by distribution facilities of Puget, and further provided Puget agrees that it shall not, without the written consent of the District, extend its facilities into Clallam County to serve customers located therein who at the time are or in the District's judgment reasonably can be served by distribu- tion facilities of the District unless so ordered by a regulatory body having jurisdiction over the matter. 5. CONTRACTUAL DEMAND AND ADDITIONAL POWER Puget agrees to furnish under this agreement up to, but not in excess of, six thousand five hundred (6,500) kilowatts. However, Puget agrees, upon reasonable advance notice from the District, to furnish any additional amount of power which may be required by the District if Puget can make such addition- al amount available without making excessive additions to its system. In the event Puget fails or declines to furnish such additional amount, the District shall have the right to purchase this additional amount from such other source as it may desire. 6. DELIVERY POINTS, VOLTAGE, ETC. Unless otherwise stated herein the voltage and other characteristics and the point or points of delivery of all electricity furnished to the District by Puget under this agreement shall be as follows: (a) Said electricity shall be 3 phase, 60 cycle alternating current furnished at a nominal potential of 66,000 volts and subject to the Washington Department of Public Utilities' Rules and Regula- tions affecting voltage regulation. -2- (b) The point of delivery ahall be a point on the Port Angeles Line im- mediately beyond (west of) the dead -end insulators at the Bremerton Junction Switching Station, except that it is understood that said transmission line may be interconnected at the Oak Street Substation with the electric system of Crown Zellerbach Corporation, a corpor- ation which owns and operates hydroelectric generating plants on the Elwha River, and also a pulp and paper mill at Port Angeles equipped with steam- driven electric generators, and the delivery point of any N electricity which may be fed into the system of the Destrict by Puget from the electric system of Crown Zellerbach Corporation shall be at the said point of interconnection at the Oak Street Substation. The District agrees to accept and pay Puget for any electricity so fed into its system under the same terms and conditions as if such elec- tricity were delivered at Bremerton Junction Switching Station, except as modified by Section 20 hereof. 7. RATES TO THE DISTRICT The District agrees to pay Puget each month for all electricity fur- nished to the District hereunder at the following rates: DEMAND CHARGE: $1.00 per KW of billing demand each month. ENERGY CHARGE: First 175 KWH per KW of billing demand each month is included in demand charge. Next 225 KWH per KW of billing demand but not to exceed 1,000,000 KWH each month at 0.5cV (five mills) per KWH. All KWH each month in excess of above at 0.3 (three mills) per KWH. DETERMINATION OF BILLING DEMAND: The billing demand in any month shall be the maximum demand for such month, adjusted if necessary for power -3- factor, but not less than 50% of the highest maximum demand, adjusted if necessary for power factor, estab- lished in the previous 11 months, but in no case less than 3,000 KW. MINIMUM CHARGE: Not less than $75,000 in any contract year, the total payment for any period beginning with the commencement of each year to be not less than the prorata portion of such annual minimum, but not less than $4,000 shall be paid in any single month, regardless of the total amount theretofore paid in such year. 8. DEFINITION OF MAXIMUM DEMAND The maximum demand for any month shall be the average KW demand during the fifteen (15) minute interval in which the consumption of electricity in the District's system is greater than during any other fifteen (15) minute interval in the month. 9. RATES SUBJECT TO CHANGE The rates to be paid by the District for all electricity furnished to it by Puget under this agreement are subject to change in accordance with the laws of the State of Washington and whenever a new schedule of rates for the same class of service under similar conditions is made effective, the District shall thereafter pay the new rates during the remainder of the term of this contract. 10. METERING EQUIPMENT Commercially accurate metering equipment to register the electricity fed into or taken from the system of the District, ratcheted wherever necessary so as to register the flow in one direction only, have been, or shall be, in- stalled at the following points: (1) kilowatt hour, kilovar hour and kilowatt metering equipment shall be installed by Puget at the Bremerton Junction -4- Switching Station, for measurement at a nominal potential of approximately 66,000 volts; (2) kilowatt hour, kilovar hour and kilowatt metering equip- ment shall be installed by Puget at the Maynard Substation for measurement at a nominal potential of approximately 6,900 volts; and (3) kilowatt hour and kilowatt metering equipment shall be installed by the District at the Oak Street Substation for measurement at a nominal potential of approximately 66,000 volts. Said metering equipment shall be and remain the property of the respective parties at all times. 11. READING OF PETERS All meters shall be read monthly at 7:30 o'clock A.M. on the last day of each calendar month, unless a different time shall be agreed upon between the parties hereto. The District agrees to read the meters at the Oak Street Substation at said ties and in addition at the commencement and at the ter- mination of each period when electricity may for any reason be fed into or taken out of the District's system at the Oak Street Substation. All other meter readings shall be taken by Puget. Each party shall have access to such meters at any reasonable time to verify such meter readings. All meter read- ings herein provided for shall be promptly furnished by 'each party to the other party so that bills for accrued charges may be prepared and rendered at the proper times. 12. MEASUREMENT OF ELECTRICITY The electricity taken from the Port Angeles Line by Puget for service to its customers in the vicinity of Maynard shall be measured by the meters installed by Puget at its Maynard Substation. Due allowance as provided in Section 14 (a) shall be made to compensate for metering at 6,900 volts instead of 66,000 volts. -5- The electricity delivered to the District by Puget at the Bremerton Junction Switching Station chall be measured by the meters installed by Puget at said Switching Station, but (a) the electricity withdrawn by Puget at the Maynard Substation shall be deducted and (b) the electricity which may for any reason be fed into the District's system at the Oak Street Substation shall be added, except as modified by Section 20 hereof or other mutually satisfactory arrangements are made between the parties hereto. 13. METER TESTS Each party shall, not less frequently than once each year, made periodi— cal tests and inspections of meters installed by it. At either part's request, additional tests or inspections of metering equipment shall be made in the presence of the other party's representatives. The cost of such additional tests shall be paid for ny the party owning the meter if the precentage of error is found to be more than 2% slow or fast, but if found to be less than 2% slow or fast, the cost of such tests shall be paid for by the party request— ing the test. In the event any test or inspection made by either party shows the meter or meters to be inaccurate by more than 2% slow or fast, an adjustment based upon the inaccuracy found shall be made in the bill for service rendered for one —half of the period since the last preceding meter test or for the ac— tual period of incorrect billing, if such period can be established. 14. LINE LOSSES Proper adjustment for line losses shall be made by increasing meter read ings,'including kilowatt hour, kilovar hour and kilowatt meters, as follows: (a) Electricity taken from the Port Angeles Line by Puget at the Maynard Substation shall be increased by two percent (2 to compensate for —6— line and transformer losses between Bremerton Junction Switching Station and Maynard Substation. (b) Electricity sold by Puget to the District, being measured by the meters at the Bremerton Junction Station and /or the Oak Street Sub— station, shall be neither charged nor credited with any line loss. 15. POWER FACTOR If the District shall fail to maintain an average monthly power factor of .85 in any month for electricity taken at Bremerton Junction Switching Station, the registered kilowatt demand at said delivery point shall be ad— justed by multiplying by .85 and dividing the result by the average power factor of such month. If the average monthly power factor of electricity so taken shall fall below .75 in any month Puget may, at its option, dis— continue service hereunder until the District shall have made corrections to the extent necessary to restore a power factor in excess of .75. The formula for determining the average power factor in any month is the fol— lowing: Average Power Factor= Kilowatt hours to (Kilowatt hours)' (Kilovar hours) 16. TAX CLAUSE If any now or increased Federal, state or municipal tax, fee or charge shall be imposed upon or in respect to the generation, transmission, distribu— tion or sale of electricity furnished to the District under this agreement, or the conduct of such business or any part thereof by Puget, then in such event the District shall pay the amount of such new or increased tax, fee or charge in addition to the rate specified herein. If any such existing tax, fee or —7— charge shall be repealed or reduced during the term of this agreement then in such event the charge made to the District shall be reduced by the amount of such tax, fee or charge so repealed or reduced. 17. PAYMENT OF BILLS Each party shall render bill each month for any sum or sums accruing to such party during the preceding calendar month, and each party shall pay the amount which it is obligated to pay hereunder not less than ten days after receipt of bill. All bills due and payable to Puget shall be paid at the office of Puget in Bremerton, Washington, and all bills due and payable to the District shall be paid at the office of the District in Port Angeles. Failure of the District to pay any monthly bill on or before the due date shall author— ize Puget, in addition to any and all other remedies it may have at law or in equity, after giving ten days' advance written notice, to discontinue service, utilizing such disconnecting switches as may be necessary for that purpose, until all past due bills are paid; provided, such discontinuance of service shall not relieve the District from its obligation to pay the minimum charge herein stipulated in accordance with this agreement during the period of such discontinuance. 18. SERVICE INTERRUPTIONS Puget shall use reasonable diligence to furnish uninterrupted service to the District but shall not be liable for any interruptions caused by strikes and /or other labor disputes, accidents, or acts of God, or by any cause beyond the control of Puget, or by the necessity for making repairs or changes in Puget's equipment and facilities, and the District waives any claims against Puget for damages to the District caused by any suspension, failure or cur— tailment of service which is attributable in any manner to any such cause or —8— to any national war emergency, including voluntary cooperation by Puget in any method of operation or in any program recommended or requested by civil or military authorities. No temporary interruption of power supply to the District shall cancel this contract, but the minimum charges stated above, both monthly and annual, shall be reduced by Puget in proportion to the per— iod of interruption of its service. 19. DISTRICT SHUTDOWNS If by reason of strikes and /or other labor disputes, the acts of public officials or the public enemy or any other casualty or cause beyond its control, the entire system of the District shall be temporarily out of commission and the District shall be unable to make use of any electricity which Puget is then able to deliver either at Bremerton Junction or at Oak Street Substation, and the monthly bill for such month falls below the minimum charges stated above, such minimums, both monthly and annual, shall be reduced in proportion to the period of such inability to use the service. 20. EMERGENCY SUPPLY If an emergency due to a cause beyond the control of the District shall cause temporary interruption in the operation by the District of the Port Angeles Line, Puget agrees upon request to take such steps as may be feasible' to obtain a supply of electricity in such emergency. The rate to be paid by the District for such emergency supply shall be the cost to Puget for such emergency supply, provided, however, if Puget is able to acquire electricity for such emergency at a price which Puget deems reasonable the first 15,000 kilowatt hours of such emergency supply in y* any month shall be billed to the District and paid for at the rate specified in Section 7 of this agreement. 21. CONSTRUCTION AND OPERATIN STANDARDS The design, construction, operation, maintenance and repair of lines and apparatus by the District shall conform to the generally accepted stand— ards relating to electric lines and apparatus, including those contained in the National Safety Code and those in Chapter 130 of the 1913 Session Laws of the State of Vashington and any amendments to said law heretofore or here— after made. The District agrees to so use its electrical equipment and ap— paratus that the general service rendered by Puget to its other customers may not be impaired thereby. If the District shall fail in either of the foregoing matters Puget, in addition to any other remedy available to it either at law or in equity, shall have the right after reasonable notice to discontinue service, utilizing such disconnecting switches as may be neces— sary for that purpose, until proper operating conditions are restored by the District. 22. SERVICE TO MAYNARD DISTRICT Puget shall have the right to continue its present delivery of elec— tricity over the Port Angeles Line between Bremerton Junction Switching Station and the Maynard Substation for Puget's customers served from its Maynard Substation; provided, however, the amount of electricity so celivered by Puget shall be limited to the spare capacity in said section of the Port Angeles Line and such delivery shall not interfere with the District's ser— vice to its other customers. Puget may discontinue such use of said line at —10— 1. any time. For the privilege specified in this paragraph Puget agrees to pay the District at the rate of .08 of one mill per KWH. 23. USE OF TELEPHONE CIRCUIT Each party shall have the free use of the telephone circuit, together with its incidental equipment between the Oak Street Substation and the Bremerton Junction Switching Station, and also between Bremerton Junction Switching Station and Puget's Ninth Street Substation in the City of Bremerton to the full extent necessary to carry out the provisions of the agreement, each party being responsible for the proper maintenance and repair of the portion of said circuit and equipment owned by such party. 24. LIABILITY AND INDEMNITY AGREEMENTS Puget agrees to protect the District and save it harmless from all loss or damage which may be suffered by the District by reason of any injury to or death of any person or damage to any property resulting from the negligence of Puget in the operation of any of Puget's electric facilities employed in ren— dering the service contemplated by this agreement, provided it is expressly understood and agreed that Puget shall in no case be liable to the District 25. CANCELLATION IN EVENT OF CONDEMNATION —11— for any loss or damage which may result directly or indirectly from the inter— connection at the Oak Street Substation between said Port Angeles transmission line and the electric system of Crown Zellerbach Corporation. The District agrees to protect Puget and save it harmless from all loss or damage which may be suffered by Puget by reason of any injury to or death of any person or damage to any property resulting from the negligence of the District in the operation of any of the District's electric facilities. Puget shall have the right to cancel this contract if any of its electrical properties necessarily used in furnishing service under this agree— ment are taken by an exercise of the power of eminent domain, or if such ser— vice can no longer be rendered by reason of franchise expiration and its in— ability to secure a renewal thereof. 26. TERM AND EFFECTIVE DATE This agreement shall be applicable to all services rendered by either party hereto since 15th day of July 19 44 and, subject to the foregoing paragraph, shall remain in effect for a term of ten years thereafter, except that the District shall have the right to terminate this contract upon the 15th day of July i9 49 by giving written notice to Puget not later than one year prior to such date of its election to terminate same, and upon payment of the sum of 5U,000 to Puget, on or before such termination date. If the District shall not terminate this contract in accordance with the foregoing provision, the contract shall continue in full force and effect for the remainder of said ten —year term. All bills for services heretofore rendered since said July 15 19 44 shall be recomputed and paid in accordance with the terms of this agree— ment, all payments heretofore made being credited thereon, provided that such recomputation and bills for future services rendered hereunder until Puget's new metering equipment is installed shall be based upon the readings of ex— isting meters corrected for losses as follows: (a)— Billings to the District for electricity delivered by Puget at Bremerton Junction: District's Meter #12204 at Oak Street Substation District's Meter #21203 at Port Angeles Substation District's Meter #9809 at Sequim Substation District's Meter #10444 at Carlsborg Substation Said meters are located on the secondary side of the transformers and the readings thereon shall be corrected for line and transformer losses by multiplying the sum of the kilowatt hours by 1.0292 and the sum of the simultaneous kilowatts by 1.0341. IN WITNESS WHEREOF this agreement has been executed on behalf of the parties hereto by their respective officers, thereunto duly authorized. Witness: /s/ R. F. Plymire (DISTRICT'S SEAL) PUBLIC UTILITY DISTRICT NO. 1 OF CLALLAM COUNTY Attest: /s/ R. A. Lawrence By /s/ Max Schmuck Secretary President 43045 —13— PUGET SOUND POWER LIGHT COMPANY By /s/ H. C. Webb Vice President DEPARTMENT OF THE INTERIOR BONNEVILLE POWER ADMIINISTRATOR AVAILABILITY: This schedule covers voltages to be designated The schedule applies cooperatives, and private CHARACTER OF SERVICE: RATE: UNITED STATES OF AMERICA Dna EEERGY WHOL2EA.LE ENERGY RATE SCHEDULE 11-2 dump energy delivered at points and at by the Administrator. to dump energy delivered to public bodies, agencies and persons. Energy may be purchased under this schedule only in cases where the Administrator determines that the purchaser normally maintains generating facilities or has firm standby contracts or other sources of energy satisfactory to the Administrator sufficient to supply its requirements when dump energy is not available. This schedule is applicable to service used in case of emergency conditions or break- down occurring in the customer's regular energy supply. Delivery of dump energy is not assured. Dump energy is energy which may be generated by the Government from water which otherwise would be wasted. The Administrator shall be the sole judge of whether and when dump energy will be delivered, arid, if delivered, the amount thereof. In the event that the dump energy to be delivered is insufficient to supply the requirements of all purchasers thereof, the Administrator shall, in his sole discretion, designate the purchasers to whom such dump energy shall be delivered and the amount thereof to be delivered to each such purchaser. Energy shall be sold under this schedule at two and one -half (2.5) mills net per kilowatt -hour delivered, adjusted for power factor, if necessary, in accordance with the provisions below. 1 MINIMUM CHARGE: If it is necessary for the Government to install extra equipment or extra capacity for the purpose of delivering dump energy, the contract for the sale thereof shall provide a minimum charge sufficient, in the judgment of the Administrator, to protect the Government from loss due to the installation of such extra equipment or extra capacity. P O f l FACTOR S T NT Wholesale Power Rate Schedule H -2 If energy is delivered to the purchaser at an average power factor of .85, or more, billing shall be based upon the number of kilowatt hours registered by the motoring equipment. If the average power factor is less than .85, then the billing shall be based on the registered kilowatt -hours adjusted by multiplying by .85 and dividing the result by the average power factor. However, unless specifically otherwise agreed, the Administrator shall not be obligated to deliver power to the purchaser at any time at a power factor below .75. GENERAL PROVISIONS: Sales of power under this schedule shall be subject to the General Rate Schedule Provisions. Confirmed and approved by order of the Federal Power Commission to be effective on and after January 1, 1942. 2 This schedule cancels Vuhoiesale Power Rate Schedule H -1 confirmed and approved effective September 13, 1939 Paul I. Raver Bonneville Power Administrator DEPARTMENT OF THE INTERIOR BONNEVILLE POaJER ADMINISTRATOR AVAILABILITY: This schedule covers voltages to be designated The schedule applies cooperatives, and private Energy may be purchased under this schedule only in cases where the Administrator determines that the purchaser normally maintains generating facilities or has firm standby contracts or other sources of energy satisfactory to the Administrator sufficient to supply its requirements when dump energy is not available. This schedule is applicable to service used in case of emergency conditions or break- down occurring in the customer's regular energy supply. CHARACTER OF SERVICE: UNITED STATES OF AMERICA VIP ENERGY WHOLESALE ErLRGY RATE SCHEDULE H -2 dump energy delivered at points and at by the Administrator. to dump energy delivered to public bodies, agencies and persons. Delivery of dump energy is not assured. Dump energy is energy which may be generated by the Government from water which otherwise would be wasted. The Administrator shall be the sole judge of whether and when dump energy will be delivered, and, if delivered, the amount thereof. In the event that the dump energy to be delivered is insufficient to supply the requirements of all purchasers thereof, the Administrator shall, in his sole discretion, designate the purchasers to whom such dump energy shall be delivered and the amount thereof to be delivered to each such purchaser. RATE: Energy shall be sold under this schedule at two and one -half (2.5) mills net per kilowatt -hour delivered, adjusted for power factor, if necessary, in accordance with the provisions below. 1 MINIMUM CHARGE: Wholesale Power Rate Schedule H -2 If it is necessary for the Government to install extra equipment or extra capacity for the purpose of delivering dump energy, the contract for the sale thereof shall provide a minimum charge sufficient, in the judgment of the Administrator, to protect the Government from loss due to the installation of such extra equipment or extra capacity. PO LI R FACTOR AD JUS t`""ir: ENT If energy is delivered to the purchaser at an average power factor of .85, or more, billing shall be based upon the number of kilowatt hours registered by the metering equipment. If the average power factor is less than ,85, then the billing shall be based on the registered kilowatt -hours adjusted by multiplying by .85 and dividing the result by the average porter factor. However, unless specifically otherwise agreed, the Administrator shall not be obligated to deliver power to the purchaser at any time at a power factor below .75. GENERAL PROVISIONS: Sales of power under this schedule shall be subject to the General Rate Schedule Provisions. Confirmed and approved by order of the Federal Power Commission to be effective on and after January 1, 1942. 2 This schedule cancels d:'holesale Power Rate Schedule H -1 confirmed and approved effective September 13, 1939 Paul J. Raver Bonnevjlle Power Administrator AVAILABILITY: This schedule covers prime power delivered at points and at voltaes to be designated by the Achninistrator. This schedule applies to prime power delivered to public bodies, cooperatives, and private aGenci es and persons. RATE. DEPARTMENT OF THE INTERIOR BONNEVIT,TF POWER ADMINISTRATOR Power shall be sold under this schedule at the following rate: Demand Charge: 7))/ net per month per kilowatt of billin demand. Energy Charge: UNITED ST T:Os OF AMERICA PRIME PO' ,ER OPTIONAL ViHOLESALE PO'y'"dR RATE SCHEDULE F -2 Kilowatt -hours per month up to 50% load factor (360 times the billing demand) at 2.5 mills net per kilowatt -hour delivered. Additional kilowatt -hours at 1.0 mill net per kilowatt -hour delivered. If the number of kilowatt -hours billed at 1.0 mill per kilowatt hour during any billing period is less than the number of kilowatt -hours resold by the purchaser to its customers during such period, for use in excess of 50% load factor or for off -peak use, at 2.5 mills or less per kilowatt -hour under rate schedules agreed to by the Administrator, the purchaser shall be entitled to a credit of 1.5 mills times the amount by which the kilowatt -hours so sold exceed the kilowatt -hours billed at 1.0 mill. Public bodies or cooperatives purchasing their entire power re- quirements for a separate electric system from the Bonneville Power Administrator, will be permitted for such system a developmental period of two years commencing with the date service is first rendered, during which period monthly bills rendered shall not exceed five (5) mills multiplied by the number of kilowatt -hours delivered for the month. 1 MINIMUM ChA GE: BILLING DWAND: Wholesale Power Rate Schedule F -2 The total net minimum monthly charge for service under this schedule shall be the higher of (1) 75/ per kilowatt of contract demand, or (2) 751 of the highest demand charge billed during the pre ceding eleven months, except as modified below in the case of customers contracting for power for irrigation and drainage pumping service. The minimum charge shall not apply during the two -year developmental period to customers entitled to the five mill rate. The Administrator may include in contracts for the sale of power under this rate schedule a provision requiring a higher minimum charge based on load factor, except in the case of public bodies and cooperatives taking their entire power requirements for a separate electric system under this schedule. The billing demand for public bodies and cooperatives taking their entire power requirements for a separate electric system under this rate schedule shall be the measured demand, as defined in the General Rate Schedule Provisions. For all other customers served under this rate schedule the billing demand shall be the highest of the following demands, as defined by the General Rate Schedule Provisions: (1) The contract demand, (2) The measured demand, (3) The computed demand, Note: Computed demand does not apply in cases where the purchaser has no generating cpp acity and purchases its entire power requirements from the Bonneville Power Administration. Provided that if the contract demand has been exceeded, and if the Administrator subsequently notifies the purchaser that future deliveries of power will be restricted, or restricts power deliveries, to a specified amount which he determines can be made available (not including temporary restrictions made necessary by emergency conditions), such diminished demand shall be substituted for the amounts determined in accordance with above provisions (3); but in no case shall this pro- vision operate to reduce the billing demand to less than the contract demand or the measured demand for the current month. POWER FOR IRRI AND DRA.INA',E PUT!fPMG SERVICE: The rates stated in this schedule shall be applied on a monthly basis to power for irrigation and drainage pumping service, subject to a maximum annual demand charge of 0 ,4.50 per kilowatt of the maximum irrigation and drainage pumping demand during the calendar year. The demand charge will be billed monthly at the rate of Mid per kilowatt of billing demand until the maximum annual demand charge has been paid, after which no further demand charges shall apply during the calendar year to demands caused by irrigation and drainage pumping loads. The demands caused by irrigation and drainage pumping shall be metered, if reasonably practicable; where metering is impracticable, such denands shall be estimated from the connected load and method of operation of the pumping equipment on the basis of suitable field tests. Notwithstanding any other provisions of this schedule, the Ad- ministrator may include in contracts with customers served with irriga- tion and drainage pumping power a provision requiring a higher minimum charge based on load factor. At the end of the irrigation season, or the calendar year for drainage pumping customers, the customer shall be billed for the amount by which the total previous billings for the year fail to equal the required minimum annual charge. The minimum charge provision for regular power service, as stated in this rate schedule under the heading Minimum Charge, when applied to customers also taking irrigation and drainage pumping service, will be based upon the demands exclusive of irri and drainage pumping. Irrigation and dra.ina,e pumping power will be available on a prime power basis from April to September, inclusive, and for the balance of the year may be interrupted at the discretion of the Administrator for periods of not to exceed four hours in any one day. The Administrator will designate in advance the hours of the day in which service to purchasers of irrigation and drainage pumping power is subject to interruption, and will give such advance notice of interruptions as is practicable. The mount of irrigation and drainage pumping power which will be contracted will be limited to the amount of suoh power, which, in the judgment of the Administrator, will be available from the seasonal reduction in the Government's monthly system peak demands for prime power during the months of April to September, inclusive. Gr"'IERAL PROVISIOlvS Sales of power under this schedule shall be subject to the General Rate Schedule Provisions. Confirmed and approved by order of the Federal Power Commission to be effective on and after January 1, 1942. Wholesale Power Rate Schedule F -2 This schedule cancels Wholesale Power Rate Schedule F -1 confirmed and approved effective September i3, 1939 Paul J. Raver Bonneville Power Administrator RATE: UNITED STATES OF AFRICA DEPARTMENT OF THE INTERIOR BONNEVILLE POWER ADMINISTRATOR TRANSTZSSION SYSTEM PRIME POWER WHOLESALE POWER RATE SCHEDULE C -3 AVAILABILITY: This schedule'covers prime power delivered from the Bonneville transmission system at points and at voltages to be designated by the Administrator. This schedule applies to prime power delivered to public bodies, cooperatives, and private agencies and persons. Power sold under this schedule shall be at the rate of seventeen and one -half dollars ($17.50) net per year per kilowatt of billing demand; provided that public bodies or cooperatives purchasing their entire power requirements for a separate electric system from the Bonneville Power Administrator, will be permitted a developmental period of two years commencing with the date service is first rendered, during which period monthly bills rendered shall not exceed five (5) mills multiplied by the number of kilowatt -hours for the month. MINIMUM CHARGE: The net minimum monthly charge for service under this schedule shall be one- twelfth (1/12th) of seventeen and one -half dollars ($17.50) per kilowatt of contract demand; provided that the minimum charge shall not apply during the two -year developmental period to customers entitled to the five mill rate. BILLING DEP,AND The billing demand shall be the highest of the following demands, as defined in the General Rate Schedule Provisions: (1) The contract demand, (2) The measured demand, 1 (3) The computed demand, Note: Computed demand does not apply in cases where the purchaser has no generating capacity and purchases its entire power requirements from the Bonneville Power Admin- istration. (4) The highest measured or computed demand during the preceding eleven months, before adjustment for power factor; Provided that if the contract demand has been exceeded, and if the Administrator subsequently notifies the purchaser that future deliveries of power will be restricted, or restricts power deliveries, to a specified amount which he determines can be made available (not including temporary restrictions made necessary by emergency conditions), such diminished demand shall be substituted for the amounts determined in accordance with above provisions (3) and (4); but in no case shall this provision operate to reduce the billing demand to less than the contract demand or the measured demand for the current month. GENERAL PROVISIONS: Sales of power under this schedule shall be subject to the General Rate Schedule Provisions. Confirmed and approved by order of the Federal Powcr Commission to be effective on and after January 1, 1942. Wholesale Power Rate Schedule C -3 This schedule cancels Wholesale Power Rate Schedule C-2 confirmed and approved effective September 18, 1939 Paul J. Raver Bonneville Power Administrator 2 AVAILABILITY: This schedule''covers prime power delivered from the Bonneville transmission system at points and at voltages to be designated by the Administrator. This schedule applies to prime power delivered to public bodies, cooperatives, and private agencies and persons. RATE: UNITED STATES OF AMERICA DEPARTMENT OF THE INTERIOR BONNEVILLE POWER ADMINISTRATOR TRANStaSSION SYSTEM PRIME POWER WHOLESALE POWER RATE SCHEDULE C -3 Power sold under this schedule shall be at the rate of seventeen and one -half dollars (17.50) net per year per kilowatt of billing demand; provided that public bodies or cooperatives purchasing their entire power requirements for a separate electric system from the Bonneville Power Administrator, will be permitted a developmental period of two years commencing with the date service is first rendered, during which period monthly bills rendered shall not exceed five (5) mills multiplied by the number of kilowatt -hours for the month. MINIMUM; CHARGE: The net minimum monthly charge for service under this schedule shall be one- twelfth (1 /12th) of seventeen and one -half dollars ($17.50) per kilowatt of contract demand; provided that the minimum charge shall not apply during the two -year developmental period to customers entitled to the five mill rate. BILLING DEMAND: The billing demand shall by the highest of the following demands, as defined in the General Rate Schedule Provisions: (1) The contract demand, (2) The measured demand, 1 (3) The computed demand, Note: Computed demand does not apply in cases where the purchaser has no generating capacity and purchases its entire power requirements from the Bonneville Power Admin- istration. (4) The highest measured or computed demand during the preceding eleven months, before adjustment for power factor; Provided that if the contract demand has been exceeded, and if the Administrator subsequently notifies the purchaser that future deliveries of power will be restricted, or restricts power deliveries, to a specified amount which he determines can be made available (not including temporary restrictions made necessary by emergency conditions), such diminished demand shall be substituted for the amounts determined in accordance with above provisions (3) and (4); but in no case shall this provision operate to reduce the billing demand to less than the contract demand or the measured demand for the current month. GENERAL PROVISIONS: Sales of power under this schedule shall be subject to the General Rate Schedule Provisions. Confirmed and approved by order of the Federal Powcr Commission to be effective on and after January 1, 1942. Wholesale Power Rate Schedule 0 -3 This schedule cancels Wholesale Power Rate Schedule C-2 confirmed and approved effective September 18, 1939 Paul J. Raver Bonneville Power Administrator 2 4 AVAILABILITY: This schedule covers prime power delivered at the bus bars of the Bonneville Project power plant, or at a point or points adjacent thereto and at voltages to be designated by the Administrator. This schedule applies to prime power delivered to public bodies, cooperatives and private agencies and persons. Power sold under this schedule for direct consumption shall be consumed within fifteen miles of the Bonneville Project power plant, and power sold under this schedule for resale shall remain available only to a purchaser the principal part of whose load is consumed within fifteen miles of the Bonneville Project power plant. RATE: MINIMUM CHARGE: UNITID STATES. OF AMERICA DEPARTMENT OF THE INTERIOR BONNEVILLE POWER AIIVIIINISTRATOR AT -SITE PRIME POWER WHOLESALE POWER RATE SCHEDULE A -3 Power sold under this schedule shall be at the rate of fourteen and one -half dollars (04.50) net per year per kilowatt of billing demand. The net minimum monthly charge for service under this schedule shall be one twelfth (1 /12th) of fourteen and one -half dollars 014.50) per kilowatt of contract demand. BILLING DEMAND: The billing demand shall be the highest of the following demands, as defined in the General Rate Schedule Provisions: (1) The contract demand, (2) The measured demand, (3) The computed demand, Note: Comput ©d demand does not apply in cases where the purchaser has no generating capacity, and purchases its entire power requirements from the Bonneville Power Administration. 1 ',lholesale Power Rate Schedule A -3 (4) The highest measured or computed demand during the preceding eleven months, before adjustment for power factor; Provided that if the contract demand has been exceeded, and if the Administrator subsequently notifies the purchaser that future deliveries of power will be restricted, or restricts power deliveries, to a specified amount which he determines can be made available (not including temporary restrictions made necessary by emergency conditions), such diminished demand shall be substituted for the amounts determined in accordance with above proviaions (3) and (4) but in no case shall this provision operate to yeduco the bell nz demand to less than the contract demand or the measured demand for the current month. GEL\IER.AL PROVISIONS: Sales of power under this schedule shall be subject to the General Rate Schedule Provisions. Confirmed and approved by order of the Federal Power Commission to be effective on and after January 1, 1942. 2 This schedule cancels Ndholesale Power r ?aF S( ;ha'. Flo A-2 confirmed and ap')ruvod oz'rective September 18, 1939. Paul J. Raver Bonneville Power Administrator o UNITED STATES OF AMERICA DEPARTMENT OF THE INTERIOR BONNEVITIE POWER ADMINISTRATOR AVAILABILITY: AT -SITE PRIME POWER V HOLISALE POWER RATE SCI- DULE A -3 This schedule covers prime power delivered at the bus bars of the Bonneville Project power plant, or at a point or points adjacent thereto and at voltages to be designated by the Administrator. This schedule applies to prime power delivered to public bodies, cooperatives and private agencies and persons. Power sold under this schedule for direct consumption shall be consumed within fifteen miles of the Bonneville Project power plant, and power sold under this schedule for resale shall remain available only to a purchaser the principal part of whose load is, consumed within fifteen miles of the Bonneville Project power plant. RATE: Power sold under this schedule shall be at the rate of fourteen and one -half dollars ($14.50) net per year per kilowatt of billing demand. MINIMUM CHARGE: The net minimum monthly charge for service under this schedule shall be one twelfth (1 /12th) of fourteen and one -half dollars 014.50) per kilowatt of contract demand. BILLING DEMAND: The billing demand shall be the highest of the following demands, as defined in the General Rate Schedule Provisions: (1) The contract demand, (2) The measured demand, (3) The computed demand, Note: Computed demand does not apply in cases where the purchaser has no generating capacity, and purchases its entire power requirements from the Bonneville Power Administration. 1 V (4) The highest measured or computed demand during the preceding eleven months, before adjustment for power factor; Provided that if the contract demand has been exceeded, and if the Administrator subsequently notifies the purchaser that future deliveries of power will be restricted, or restricts power, deliveries, to a specified amount which he determines can be made available (not including temporary restrictions made necessary by emergency conditions), such diminished demand shall be substituted for the amounts determined in accordance with above "provisions (3; and (4): but in no case shall this provision opaeat e to reduce the billing tern =,nd to less than the contract demand or the measured demand for the current month. GENERAL PROVISIONS: Wholesale Power Rate Schedule A -3 Sales of power under this schedule shall be subject to the General Rate Schedule Provisions. Confirmed and approved by order of the Federal Power Commission to be effective on and after January 1, 1942. 2 This schedule cancels Wholesale Power Ra'. S(;het)wa A-2 confirmed end ap')ruvL a e: etive September 13, 1939. Paul J. Raver Bonneville Power Administrator AVAILABILITY: This schedule covers prime power delivered at the bus bars of the Bonneville Project power plant, or at a point or points adjacent thereto and at voltages to be designated by the Administrator. This schedule applies to prime power delivered to public bodies, cooperatives and private agencies and persons. Power sold under this schedule for direct consumption shall be consumed within fifteen miles of the Bonneville Project power plant, and power sold under this schedule for resale shall remain available only to a purchaser the principal part of whose load is consumed within fifteen miles of the Bonneville Project power plant. RATE: MINIMUM CHARGE: UNITED STATES OF AMERICA DEPARIMIT OF THE INTERIOR BONNEVI I T,1 POWER ADMINISTRATOR AT -SITE PRIME POWER WHOLESALE POWER RATE SCHEDULE A -3 Power sold under this schedule shall be at the rate of fourteen and one -half dollars (414.50) net per year per kilowatt of billing demand. The net minimum monthly charge for service under this schedule shall be one twelfth (1 /12th) of fourteen and one -half dollars (0.4.50) per kilowatt of contract demand. BILLING DEMAND: The billing demand shall be the highest of the following demands, as defined in the General Rate Schedule Provisions: (1) The contract demand, (2) The measured demand, (3) The computed demand, Note: Computed demand does not apply in cases where the purchaser has no generating capacity, and purchases its entire power requirements from the Bonneville Power Administration. 1 GENERAL PROVISIONS: Uholesale Power Rate Schedule A -3 (4) The highest measured or computed demand during the preceding eleven months, before adjustment for power factor; Provided that if the contract demand has been exceeded, and if the Administrator subsequently notifies the purchaser that future deliveries of power will be restricted, or restricts power deliveries, to a specified amount which he determines can be made available (not including temporary restrictions made necessary by emergency conditions), such diminished demand shall be substituted for the amounts determined in accordance with ebo4e .rovisions (3) and (4): but in no case shall this provision open °.nt to leduco the b,lling dema>>d to less than the contract demand or the measured demand for the current month. Sale, of power under this schedule shall be subject to the General Rate Schedule Provisions. Confirmed and approved by order of the Federal Power Commission to be effective on and after January 1, 1942. 2 This schedule cancels wholesale Power Pa-r,9 S c1ie 'i o A -2 confirmed end ap')rw j o'i ±'active September 18, 1939. Paul J. Raver Bonneville Power Administrator E. F. BANKER DIRECTOR J. B. FINK ASSISTANT DIRECTOR CJB:GH Mr. Stewart H. White Supt. of Utilities City of Port Angeles Washington Dear Mr. White: STATE OF WASHINGTON DEPARTMENT OF CONSERVATION AND DEVELOPMENT DIVISION OF HYDRAULICS OLYMPIA May 6th, 1935. Replying to your letter of May 4th, concerning application No. 2245 of the City of Port Angeles for permit to appropriate waters from the Elwha River for power purposes: Please be advised that the application will be kept in good standing for a reasonable length of time. The power license fees can be paid as soon as convenient. CHAS. J. %RTHOLET Supervis'. of Hydraulics C. J. BARTHOLET SUPERVISOR OF HYDRAULICS T11: ;So ,1? Ti W.» :.)..11101.0likialtilei 0:1:64,19itt 'L'afj 'TAU 1-oi! YJO tu ouv Z;) s.ratav Oor wo oxu 0tiri vu4f ;L2& latOVUOtCa i),?, 'n:10 y40,f10:;t, E.3 ox,lal..etcfl. wo ;ix). tilao tto, vo ttre 5':Itorw-ittaxl 17.2 071V t() r.c.)g.ctived feo ‘'JTLL', ovio' 1 ?rat :2-71/(.) art.vc.v.1 t7a1 IsfJ,Itols :?(.0411/1;:,' at3t 10r, 'Mit) Lnttoru tpay.= ,latozot ulan• '1.a.) itui u ox91roa, E3 it 1. :aot bo onto (Ay f-ar ther, ",mt 4 6:Au a...112 1.3 w,ao ot.74111; 'kb tLol 0,(Ju1r3 to 0U17 1CLi 5,ci uo is olroak' ovc:?duo C,Or Lt1 tAie U C X'U a '0 Otili Priad.1.7.1,` kit) V! 'LL'AV:U.C.(30 o dit% ,`F.'07C2 ollort Memorandum for Mr. Stewart White Superintendent of Utilities FP MJ January 14, 1935 Re: Elwha Power Site Application No. 2245 Remington's Code 6e Section Ye62 as ammended, chap- ter 122, laws 1929, section 4, provides for the application for power rights. On application properly supported, a prelimin- ary permit is granted by the -tate for three (6) years for in- vestigation, survey, reports etc.. Progress is supposed to be satisfactory to the supervisor. If before expiration of three years, reports are made, which in the opinion of the supervisor establishes good faith, the permit may'.be extended but not to exceed 5 years maximum from the date of issue. Section 7386, as ammended by chapter 122, laws 1929, section b, provides that on showing that the work of building the power plant ,creatd.ngthe diversion dam, constructing ditches, ,etc a certificate of water right is issued which is recoraed and which gives the holder thereof permanent rights to the water, provided the other laws are observed and payments are made. Chapter 105, laws 1929, is an entirely independent provision and provides for the payment of annual fees by all persons claiming rights to the use of water. This is a license fee and is based upon the amount of theoretical horsepower claimed. It is a revenue measure apparently and has nothing to do with provision of the water rights. Yours very truly, lummer, City Attorney E. F. BANKER DIRECTOR J. B. FINK ASSISTANT DIRECTOR Dear Sir: S. H. White, Superintendent Department of Utilities City of Port Angeles Washington STATE OF WASHINGTON DEPARTMENT OF CONSERVATION AND DEVELOPMENT DIVISION OF HYDRAULICS OLYMPIA January 10th, 1935. Re: Application No. 2245. Replying to your inquiry of the 8th, concerning the above named application: C. J. BARTHOLET SUPERVISOR OF HYDRAULICS The annual power license statement of claim and fee and the preliminary permit in connection with this application are entirely separate matters. The claim should be filed each year and is due on or before January 1st. It applies to all claims for water for power developments of over 50 theoretical H. P. For un- developed pr the rate is one -half that for developed projects. Enclosed is a copy of the act relating to these claims. As to the preliminary permit issued under Application 2245, the time expired March 7, 1932 and has not been extended. Sec. 7382 of Rem. Comp. Stat. provides that the Supervisor of Hydraulics may issue a preliminary permit for a period of three years and that it may be extended, with the approval of the Governor, for two more years, but not to exceed a maximum period of five years from the date of issuance of the preliminary permit. So that the permit could not be extended for a longer period of time than to March 7, 1935. However, this does not necessarily mean that the application also is cancelled. A copy of the application 'will be sent you upon payment of the statutory fee of $1.10. The Northwestern Power Light Company holds two permits for the Glines Canyon project, one for 600 c.f.s.,and 200 c.f.s. additional under a later permit. The water is to be diverted within SW4 of SEQ of Sec. 17, Twp. 29 N., Rge. 7 W. and to be returned to the stream within NW-4 of SE/ of Sec. 17, Twp. 29 N., Rge. 7 W. Yours very truly, CHAS. J. BARTHOLET Supervisor of ydraulics By A,..1 Secretary. E. F. BANKER, DIRECTOR J. B. FINK, ASSISTANT DIRECTOR STATE OF WASHINGTON November 24th, 1934. DEPARTMENT OF CONSERVATION AND DEVELOPMENT OLYMPIA NOTICE OF ANNUAL LICENSE FEE FOR WATER POWER Chapter 105 of the 1929 Session Laws of the State of Washington provides for the payment of an annual license fee on or before the 1st day of January of each year to the State of Washington, through the Department of Conservation and Development. This fee is due in connection with water power projects, whether operating or undeveloped, exempting projects of fifty horse power or less or where power is generated by an irrigation district for pumping irrigation water. Our records indicate that you are the owner, or have an interest in, one or more power projects. We are therefore sending you this notice, together with a blank for use in reporting your statement of claim. The fees are based on theoretical horse power (head x c.f.s> a 8.8). The rate for projects in operation is as follows 100 per theoretical horse power 0 to 1000 H.P.,inclusive 20 It It n over 1000 H.P. to 10,000 H.P. 10 II II over 10,000 H.P. For undeveloped projects the fee is one -half that of projects in operation. It should be borne in mind that the act carries a penalty of 25% with 10% interest if tho fee is not paid on or before January 1st, 1935, A copy of the statute relating to the above matter will be sent upon request. 9 CHAS. J. ARTHOLET State Supervisor of Hydraulics DIVISION OF RECLAMATION DIVISION OF FORESTRY DIVISION OF HYDRAULICS DIVISION OF GEOLOGY. PULLMAN DIVISION OF NATURAL RESOURCES COLUMBIA BASIN COMMISSION. SPOKANE E F. BANKER DIRECTOR J. B. FINK ASSISTANT DIRECTOR Dear Sir: CJB:GH STATE OF WASHINGTON DEPARTMENT OF CONSERVATION AND DEVELOPMENT DIVISION OF HYDRAULICS OLYMPIA Mr. Clifford Cowling Supt. of Utilities City of Port Angeles, Wash. January 5th, 1934. Replying to your letter of December 26th, relative to Preliminary Permit under Application 2245, which expired March 7, 1932: I will say that if you will furnish us with the reports required by the preliminary permit, it will be extended to March 7th, 1933. For a further extension of two years, or until March 7th, 1935 it will have to have the approval of the Governor. Upon receipt of the reports above referred to I will recommend that the extension be approved to that date. Yours CHAS. J. HOLET Supervisor Hydraulics C. J BARTHOLET SUPERVISOR OF HYDRAULICS I Bk. Chae. 4 Bartholet, Supervisor Of Hydraulics, Dept. Of Cona©rvatcon Developement Olympia, t1aeh. Dear sirs With reference to ap 13.cation No 2245, for appropriating water for power, from the rlwh a River; we are still very much interested in this project. As Z explained to you in person some time ago„ we are interested in maintaining our claim and will pay the required fee with penalties for being over due, but we have dble this matter pending action by the Supreme Court on certain other matters that affect our interest in this claim. As 1 understand the matter, our preliminary permit has expired, ne it could not be extended any fur-. ther, but the claim is renewable each year. Ve there- fore desire to maintain our claim but since the fee is already overdue and subject to additional charge, and in asmuch as certain other matters are still pe nding, we would like the privilege of withholding -f fee for a short while. SRt9 /OD Vent truly nay 4th 19350 Supt. of Utilities. /1÷ Received from .(-.-t.,.(1-4-/ S F. No 1912-1925. Approved as to FornYby Dept of Efficiency. 8772. Cash Receipt STATE OF WASHINGTON DEPARTMENT OF CONSERVATION AND DEVELOPMENT 1 I Olympia, Wash., T. To be placed to the credit of By _44 21 Wollars 193 17 7' 4 Director To the State Department of Conservation and Development,Olympia,Wash: of Note: A separate statement should be made for each claim or unit. STATEMENT RELATIVE TO CLAIM OF WATER RIGHTS FOR POWER PURPOSES AND ANNUAL L10EIME FEE IN CONNECTION THEREWITH. i o f /u1(! At' e/S /42 (Name of Claimant) remits herewith the sum of the annual license fee required by the State of Washington, due on or before January 1st, 1934 for the claim or right to use its waters for paver purposes, for the year 1934, as provided in Chapter 105, Laws of 1929, said claim being based on the following particulars: Note: Power projects of 50 theoretical horse power or less are exempt. Name of stream from which water is diverted 74//d Land description of point of diversion of water: /VC y Sec. A5 Tt N. Rge 7 W (Sma1l6st legal subdivision) (E or W) Land description of point of return of water to the stream: 1 V ll/ Smallest legal subdivision) Basis of Water Right Claim: Decreed Right Appropriation under Water Code Appropriation before Water Code Other Basis for Claim of Rights Head or average fall utilized /96 Sec.33 Twp. ?9N., Rge. (Title of Case) (plication or Permit Number) (June 15, 1917) (Give Date) feet. Maximum quantity of water claimed DSO (cubic feet per second) Theoretical Horse Power Claimed (Head x c.f.s. 1 8.8) i 7 7 7 Purpose_/3•vek c /LAI' 2fr. q /04 /e4 7/ Status of Power Project Unit X14 dove /io/ (DOeloped or Undeveloped) (If the unit is partially developed, give percentage of rater claimed that is being used) C. V) r Az ek. .4/97 /IJP 1/. c. 2 733 if� �C 1 /1 ate) (S gna e of CIC Liman o Agen E F BANKER DIRECTOR J. B. FINK ASSISTANT DIRECTOR STATE OF WASHINGTON OLYMPIA DEPARTMENT OF CONSERVATION AND DEVELOPMENT DIVISION OF HYDRAULICS November 23, 1933. NOTICE OF ANNUAL LICENSE FEE FOR WATER POWER Chapter 105 of the 1929 Session Laws of the State of Washington provides for the payment of an annual license fee on or before the 1st day of January of each year to the State of Washington, through the Department of Conservation and Development. This fee is due in connection with water power projects, whether operating or undeveloped, exempting projects of fifty horse power or less or where power is /obo•IOfle.o generated by an irrigation district for pumping irrigation 9000 z /ro.00 water. yy77 vy.77 Our records indicate that you are the owner, or have 325/.77 an interest in, one or more power projects. We are therefore t sending you this notice, together with a blank for use in reporting your statement of claim. 162.ap The fees are based on theoretical horse power (head x c.f.s. 1 8.8). The rate for projects in operation is as follows: 100 per theoretical horse power 0 to 1000 H,P.,inclusive 20 I► It n over 1000 H.P. to 10,000 H.P. 1¢ ►I if over 10,000 H.P. For undeveloped projects the fee is one -half that of projects in operation. It should be borne in mind that the act carries a penalty of 25% with 10% interest if the fee is not paid on or before January 1st, 1934. A copy of the statute relating to the above matter will be sent upon request. CHAS. J. BARTHOLET State Supervisor of Hydraulics. C J BARTHOLET SUPERVISOR OF HYDRAULICS S 4 Note: A separate statement should be made for each claim or unit. STATEMENT RELATIVE TO CLAIM OF WATER RIGHTS FOR POWER PURPOSES AND ANNUAL LICENSE FEE IN CONNECTION THEREWITH. To the State Department of Conservation and Development,Olympia,b lash: i� /)�,.3 Name of Claimant) of fly 7 44 e% k1� J- remits herewith the sum of /62.31 the annual license fee required by the State of Washington, `due on or before January ist, 1932 for the claim or right to use its waters fore power purposes, for the year 1932, as provided in Chapter 105, Laws of 1929, said claim being based on the following particulars: Note: Power projects of 50 H.P. or less are exempt. Name of stream from which water is diverted /.'iiv /2 Land description of point of diversion of water: ilt4 v f /l/, Sec. Twp.Zf N., Rge. 7.V(4 (Smallest/legal subdivision) (E or T) Land description of point of return of water to the stream: 47E, ►t/ (Smallest legal4ubdivision) Basis of Claim: Decreed Right (Title of Case) Appropriation Under Water Code 0 22.5■46 (Give Application or Permit Number' Appropriation before Water Code (June 15, 1917) Other basis for Claim of Rights Theoretical Horse Power Claimed (Head x c. f. s. 8.8) /rd' u77 Maximum amount of water claimed 6S0 (cubic feet per second) Head or average fall utilized /1 (feet) Use /d,ver irJa /1..),,sXi ,6 fp. 7.0 Status of Power Project Unit l/n4. /Po (Developed or Undeveloped) (If the unit is partially completed, give percentage of water claimed that is being used) /y o f e4r .l- 1149 e AV ,Oe /6, 3 (Date) ignat of clail6nt or agent) a 2 2 Sec.3Twp.I'9 N., Rge. 7. 4t/. (E or W) (Give date) 10¢ per horse power 2 tt 9 1¢ ,f yr 9 STATE OF WASHINGTON DEPARTMENT OF CONSERVATION AND DEVELOPMENT DIVISION OF HYDRAULICS OLYMPIA November 21, 1932 NOTICE OF ANNUAL LICENSE FEE FOR WATER POWER Chapter 105 of the 1929 Session Laws of the State of Washington provides for the payment of an annual license fee on or before the 1st day of January of each year to the State of Washington, through the Department of Conservation and Development. This fee is due in connection with power projects, whether operating or undeveloped, exempting projects of fifty horse power or less or where power is generated by an irrigation district for pumping irrigation water. Our records indicate that you are the owner, or have an interest in, one or more power projects. We are therefore sending you this notice, together with a blank for use in reporting your statement of claim. The fees are based on theoretical horse power (head x c.f.s, t 8.8). The rate for projects in operation is as follows: 0 to 1000 H.P., inclusive over 1000 H.P. to 10,000 H.P. over 10,000 H.P. For undeveloped projects the fee is one -half that of projects in operation. It should be borne in mind that the act carries a penalty of 25% with 10o interest if the fee is not paid on or before January 1st, 1933. A copy of the statute relati to the above matter will be sent upon request. LJLAX C S. J. BARTHOLET State Supervisor of Hydraulics. Dear Sir: M .W. STATE OF WASHINGTON DEPARTMENT OF CONSERVATION AND DEVELOPMENT DIVISION OF HYDRAULICS OLYMPIA Mr. Clifford Cowling, Supt., Light Department, Port Angeles, Washington Re: Application No. 2245 This will acknowledge receipt of your progress report, dated December 10th, in connection with temporary permit issued under the above application. Very truly yours, CHAS. J. BARTHOLET Supervisor of Hydraulics December 14th, 1931 By Secretary RALPH E. DAVIS MAYOR J. LYLE BEAM COMM. FINANCE CHAS. J. FILION COMM. STREETS AND PUBLIC IMPROVEMENTS Attention: !ir. Chas, J. Dartholot Dear Sir: CC Hld a CITY OF PORT ANGELES CLALLAM COUNTY STATE OF WASHINGTON December 10, 1931. Depco tr at of Conservation ez Development Olympia, Washington. Youes truly, Superintendent. E. R. McKNIGHT WATER SUPERINTENDENT MADGE H. NAILOR CITY TREASURER N. M. HAWKINS CITY CLERK Clifford Cowlinc Light Superintendent This is the 5th, 6th and 7th progress' report on our preliminary permit Pw245 for arpropriat1bn of waters of the Elwha River calling for the deversior of 650 c.f.s. of publiq waters for power development. A study of the possible sale of off peak power which may be generated is being made at this time also the advisability of whether a pipe line or a 'lume nhall be used to carry the waters from the point of deversion to the proposed power site. This report ,is intended to oomply with paragraph two of our preliminary permit, OLYMPIA STATE OF WASHINGTON DEPARTMENT OF CONSERVATION AND DEVELOPMENT DIVISION OF HYDRAULICS November 21st, 1931. NOTICE OF ANNUAL LICENSE FEE FOR WATER POWER Chapter 105 of the 1929 Session Laws of the State of Washington provides for the payment of an annual license fee on or before the 1st day of January of each year to the State of Washington, through the Department of Conservation and Development. This fee is due in connection with power projects, whether operating or undeveloped, exempting projects of 50 horse power or less, or where power is generated by an irrigation district for pumping irrigation water. Our records indicate that you are the owner, or have an interest in, one or more power projects. We are therefore sending you this notice, together with a blank for use in reporting your statement of claim. The fees are based on theoretical horse power (head x c.f.s. t 8.8). The rate for projects in operation is as follows: 10¢ per horse power 0 to 1000 H.P., inclusive 20 over 1000 H.P. to 10,000 H.P. 10 over 10,000 H.P. For undeveloped projects the fee is one -half that of projects in operation. It should be borne in mind that the act carries a penalty of 25% with 10% interest if not paid on or before January 1st, 1932. A copy of the act relating to the above matter will be sent upon request. CHAS. J. BARTHOLET State Supervisor of Hydraulics Dear Sir: STATE OF WASHINGTON DEPARTMENT OF CONSERVATION AND DEVELOPMENT DIVISION OF HYDRAULICS OLYMPIA Mr. Clifford Cowling, Supt., Light Department, Port Angeles, Washington February 2nd, 1931. Re: Application No. 2245. This will acknowledge receipt of your progress report, dated January 29th, in con- nection with temporary permit issued under the above named application. Yours very truly, CHAS. J. BARTHOLET Supervisor By G.H. Secretary. Department of Conservation Development, Olympia, Washington. Dear Sir: January 29, 1931 Attention: Mr. Charles J. Dartholet, Supervisor of Rydraulics Third and Fourth progress reports on permit granted by the State to the City of Part Angeles for the diversion of 650 c.,f.a. of public waters of the lileha River for power development. A study of the financial and load building problems involved is being made at this time. This report is intended to comply with paragraph two (2) of our preliminary permit. CC :S encs Yours very truly, Supt, Light Dept, Note: A separate statement should be made for each claim or unit. STATEMENT RELATIVE TO CLAIM OF WATER RIGHTS FOR POWER PURPOSES AND ANNUAL LICENSE FEE IN CONNECTION THEREWITH. To the State Department of Conservation and Development,Olympia,Wash: city Z `i 7 Je�/J (Name of Claimant) of 7 44 Pefe.f )1X remits herewith the sum of /62.38 the annual license fee reouired by the State of Washington, due on or before January 1st, 1931 for the claim or right to use its waters for power purposes, for the year 1931,as provided in Chapter 105, Laws of 1929, said claim being based on the following particulars: Note: Power projects of 50 H.P. or less are exempt. Name of stream from which water is diverted /f /ev Land description of point of diversion of water: NiV d /Vei Sec. Twp. N. Rge. 7 K (Smallest legal subdivision (E or W) Land description of point of return of water to the stream: /f°' i(/9* Sec.a Twp.2_7` N., Rge. 76V Small st legal subdivision (E or W) Basis of Claim: Decreed Right (Title of Case) Appropriation Under Water Code ,,4,o%'/ c,740), *1 2290 (Givo Application or Permit Number) Appropriation before Water Code (June 15,1917) (Give date) Other basis for Claim of Rights Theoretical Horse Power Claimed (Head x c. f s. 8.8) VA x/77 Maximum amount of water claimed 6so (cubic feet per second) Head or average fall utilized 9/ (feet) Use o've r /►?kr 1 ,P a iD f a' /9 2< Status of Power Project Unit ecy (Developed of Undeveloped) If tl^e unit is partially completed, give the percentage of water claimed that is being used) o C: a/ v/ a /BS /f a L.lec. /6/P o (Date) (Sigtiaturf6f claimant/or ageht) Dear Sir; Decenber 16, 1930 Mr. Chas. J. haxtholet, State Supervisor of Ryd►raulics, Olympia, Washington. Re: Power /license Pees for 1931. City of Port Angeles. Enclosed check in the sum of $162.36 is to cover our license fees for power on the L1wha River. We refer you to your preliminary permit No. 2245 by which we show a filing to divert 650 e.t.a, under an average head of 196 feet developing a theoretical horse power of 14,.477, The annual fee has been cut in half as per your schedule for undeveloped project... CC :8 nc Yours truly, Supt. Light Dept. STATE OF WASHINGTON DEPARTMENT OF CONSERVATION AND DEVELOPMENT DIVISION OF HYDRAULICS Lewis Church, Attys., Port Angeles, Washington Gentlemen: This will acknowledge receipt of your check for $1.25 in pay}nent of balance due on license fee on the Elwha River Project for 1930. In regard to the 1931 license fee, due on or before Jan. 1st, the amount of $162.38 is correct, providing the claim is the same as for last year, namely; for 650 c.f.s. with average fall of 196 ft., theoretical horse power of 14,477, entirely undeveloped. We enclose statement of claim, which we request that you send in with your check for 1931. An extra form is also enclosed so that you may keep a copy for your files. G.H. ZJ OLYMPIA December 8th, 1930 Re: Power License Fees City of Port Angeles. Yours very truly, CHAS. J. BARTHOLET Supervisor By A. Secretary. C- F C 10¢ per horse power r■ lY U f9 I➢ STATE OF WASHINGTON DEPARTMENT OF CONSERVATION AND DEVELOPMENT DIVISION OF HYDRAULICS OLYMPIA November 29th, 1930 NOTICE OF ANNUAL LICENSE FEE FOR WATER POWER Chapter 105 of the 1929 session laws of the State of Washington provides for the payment of an annual license fee on or before the 1st day of January of each year to the State of Washington, through the Department of Conservation and Development. This fee is due in connection with power projects, whether operating or undeveloped, exer.pting projects of 50 horse power or less, or where power is generrted by an irrigation district for pumping irrigation water. Our records indicate that you are the owner or have an interest in one or more power projects. Use are therefore sending you this notice, together with a blank for use in re- porting your statement of claim. The fees are based on theoretical horse power (Head x c.f.s> a 8.8). The rate for projects in operation is as follows: 0 to 1000 H.P., inclusive over 1000 H.P. to 10,000 H.P. over 10,000 H.P. For undeveloped projects the fee is one- -half that of projects in operation. It should be borne in mine that the act carries a penalty of 25 with 10% interest if not paid on or before Jan. 1st, 1931. A copy of the act relating to the above matter will be sent upon request. CHAS. J. BARTHOLET State Supervisor of Hydraulics STATE OF WASHINGTON DEPARTMENT OF CONSERVATION AND DEVELOPMENT DIVISION OF HYDRAULICS OLYMPIA Mr. Clifford Cowling, Supt. Light Department, City of Port Angeles, Wash. Dear Sir: August 18th, 1930 This will acknowledge receipt and thank you for progress report, dated August 15th, 1930, in connection with temporary permit under Applica- tion No. 2245. Yours very truly, CHAS. J. BARTHOLET Supervisor By G.H. Secretary. W. B. HEDRICK MAYOR J L. BEAM COMM. FINANCE C. J FILION COMM STREETS AND PUBLIC IMPROVEMENTS II I LIGHT DEPARTMENT CITY OF PORT ANGELES STATE OF WASHINGTON August 15th, 1930 Department of Conservation 6 Development, Olympia, T ishington. Attention: ieLr. Charles J. Bartholot, State Supervisor of .hydraulics First and second progress retorts on permit granted by the Mate to the City of Fort Angeles, for the Diversion of 650 c.f.s. of pablic waters of the e Elwha River for power development. A study of the records for pa :.t ears on the flow of the Ilwha River is being made, CLIFFORD COWLING SUPERINTENDENT As money hap not been available in the city's budget, .there has not been a great deal of work done However, an item has been provided for this work in the budget now being dram for nett ear, It has been the intention of the city to do a csrt8an amount of preliminery surveying before the first of the coming year. This intended to cover paragraph two of our preliminery permit re— quirins progress reports on invest igat ion of project,., Superintendent Light Dept. STATE OF WASHINGTON DEPARTMENT OF CONSERVATION AND DEVELOPMENT DIVISION OF HYDRAULICS OLYMPIA Hon. W. B. Hedrick, Mayor, City of Port Angeles, Washington I) ear Sir: March 7th, 1930. Re: Application No. 2245. As you requested when in our office yester- day we have issued a preliminary permit under the above named application of the City of Port Angeles for a period of two years. The original and one copy are enclosed herewith for your files. Yours very truly, CHAS. J. BARTHOLET Supervi or By Secretary. 6.H. STATE OF WASHINGTON DEPARTMENT OF CONSERVATION AND DEVELOPMENT DIVISION OF WATER RESOURCES BEFORE CHAS. J. BARTHOLET, STATE SUPERVISOR OF HYDRAULICS IN THE MATTER OF APPLICATION OF CITY OF PORT ANGELES FOR PRE- LIMINARY PERMIT UNDER APPLICATION NO. 2245 FOR APPROPRIATION OF WATERS OF ELWHA RIVER, CLALLAM COUNTY, WASHINGTON. On February 14th, 1928 the City of Port Angeles filed Application No. 2245 to appropriate 650 c.f.s. of the public waters of. the Elwha River for power develop- ment. The full amount of the examination fee was paid in connection with this application and the notice of water right application was published as required by statute, and Affidavit of Publication filed in the office of the Supervisor of Hydraulics. PRELIMINARY PERMIT The application does not contain,and the applicant has not furnished sufficient information on which to base intelligent findings as to whether the proposed development is likely to prove detrimental to the public interest, having in mind the highest feasible use of the waters belonging to the public. The applicant has requested that a preliminary permit be issued as authorized in Sec. 4, Chapter 122, Session Laws of 1929, and it is desirable and in the in- terest of the State that such preliminary permit should issue in order that the applicant may make such surveys and in- vestigations as may be reouired to determine the economic and engineering feasibility of the project proposed, and in order that the Supervisor may have information on which to base the findings required by statute. NOW, THEREFORE, I, CHAS. J. BARTHOLET, State Super- visor of Hydraulics, under authority given me by Sec. 4, Chapter 122, Session Laws of 1929, do hereby issue this PRELIMINARY PERMIT, which shall be in force for a period of two (2) years from the date hereof, unless the applica- tion is cancelled or the rights of the applicant forfeited before that time, subject to the following conditions and limitations: 1. That during the life of this preliminary permit the applicant shall carry on comprehensive surveys and in- vestigations for the purpose of determining the economic and engineering feasibility of the project proposed in its appli- cation 2245, the investigations to include studies of avail- able water supply, of proposed dam sites, power sites, conduit locations, construction cost estimates, and such other studies as may be required to determine the feasibility of the pro- ject and the time when the project will probably be required for operation. 2. That during the life of the preliminary permit the applicant shall file with the Supervisor at intervals of not to exceed ninety (90) days progress reports showing the character and scope of investigations under way. 3. That prior to the expiration of the preliminary permit the applicant will file with the Supervisor a complete report of the investigations made, together with the con- clusions drawn from these investigations, and such detailed data as may be required by the Supervisor, and will in- dicate when a construction permit is desired and within what time the applicant proposes to undertake and complete construction of the project. 4. Failure to comply with the provisions of this permit shall be considered sufficient cause for cancella- tion of the preliminary permit and of the application to which it pertains. IN WITNESS WHEREOF I have hereunto set my hand and caused to be affixed the seal of the office of the Division of Hydraulics, this 7th .day of March, 1930. State Supe jbisor Hydraulics State Supervisor of Hydraulics, Olympia, Vasil. Dear Tir,Tiffany, Referrinj to your letter of the 15th inst. with regard to the above for which ‘.e thank yous Ile understand that the City may wish to take more time in Mine; it's reply to our protest. Pending further advice from us, we have no objection to allowing the City to file it's reply at such time subsequent to DeveMber 15th as may best suit it's convenience provided that the reply is made in duplicate, copy bein furnished to us and no action taken until Le have had a reasonable opportunity to reply further. October 30th, 1928. Res Protest aacinst AlTolication No.2245 City of Port Anueles Very truly yours, PUG2T SOUDD P0 LIGHT CO. By: c.c.Hon.'U.B.Hedrick, Diayor City of Port Angeles,Uksh. I: Ti,E UIIVI3Qfl OV UKLULICO. II ME LiTT:i."12. 0.7 CITY vi? O2 PEOLi4ZL TO 1-1 IATE OZaWall in the Vorthwost quartor of the ::orthreot cuartor Q2 ioct;lon sitoon (1C), I'ownship ':?wianty-ninc (29) awth, Soven (7) 'ost, in G1aUu County: Comes now the Citg of iiert :nizeles, no novo narxd apijicant and for ans;or to the protest of l'uot Sound l'owor C L13ht Coupany, a corrJoration horotoioro filed vAth the "Juixrvisor of Nydraulics, denies as follows: 1. he applicant denies LIzat it Las not in all roopects coin- plied pith the statutos of the State of 7a6.:lincton and the regulations of the Supervisor of Lyelraulios coverning its application to divert cer tain water from the Ydwha I and f;,pply the r;.:e to a bonoficial use as cot forth in its auplication. The applicant donloo that the rotestant, Pwjot ound Pow- er Company lc in any roopect concerned in the adbject utter of applicantb filing or has any relationship to applicant or to the things and natters set forth in applicants° wolleation to ontitlo it to nolte any protest thatovor in the Ixe:Ases and further denies that cny of the protendod facto sot up in parnEpaL;ho 2, 6, 4 and 5 of the protostantss protest In any canner constitute a Campo to the application of the City of Port Ansoloo, or any reason why the Supervisor of hydraulics should not trant the T1L SATI '.:IIGLui (.472 ARIELLS„ W. B. HEDRICK. Ito L.:ayer. EITAT OV MailI1lT00) t 220 GOTZTY UP CLALLAL1 B. LEI beinL; first duly s7orn, an Z2is oath Cel;eses and says: That ho in the duly elected, qualified and acting Layer of the City of Port 2n3eles; that ho has read the foreceing anw:or, !moll's the contents theveof taxi believes the saF:e'te true. 2wern to before 1 and subscribed in my Lxesonce this 23rd day of October, 1023. ,AT 13. Mary IJITIViic in and the tctto or Washincten, residinG at l'ort Pngeles. THE STATE OF BEFORE THE SUPERVISOR OF HYDRAULICS. IN TBE MATTER OF TrhE APPLICATION OF THE CITY OF PORT AMELES TO APPROPRIATE CERTAIN WATERS OF THE EL1 RIVER in the Northwest ";carter of the Northwest 'Pusrter of Section Sixteen (16), Township Twenty -nine (29) North, Range Seven (7) West., W.M. in OlallaiCounty: Copes now Puget Sound Power Light Company, hereinafter called the company, a corporation created and existing under the laws of the State of Eassachusetts, doing business in Cle.iam County, in the State of Washington, and respectfully protests against the consideration of the application of the City of Port Angeles to appropriate such waters and the granting of a permit therefor upon the following grounds: 1. The City of Port Angeles has not complied with the law authorizing the making of such application; 2. The company is the owner of the franchise granted b IGTON Ordinance 372 of the City of Port Angeles and of the franchise granted by Ordinance 428 of the City of Port Angeles and of the agreement between the Olympia Power Company and the City of Port Angeles, amendatory of Section 8 of the last mentioned franchise, each franchise including a power contract for the supply- ing of power by the grantee, its successors or assigns, to the City of Port Angeles, The franchise granted by Ordinance 428 will not expire until the let of December, 1938, such franchise authorizes the grantee, its successors or assigns, to distribute electric current in the City of Port Angeles and to collect rates therefor. It obligates the grantee, its successors or assigns, to reserve and furnish power for the use of the City up to a certain amount and it binds the city to take all electric power which the city may desire to use for itself or its customers from the grantee, its successors or assigns, under such franchise except when such grantee, its successors or assigns,shall be unable to supply power by reason of the acts of God, the public enemy or causes beyond its control. 3. The company, as the assignee of such franchises, hs s expended large sums of money for transmission lines, sub stations, submarine cables and power plants for the purpose of supplying the City with power under ouch franchises and contract, and the company has been for some time past and is now supplying the city of. Port Angeles with power under such franchises and contract, 4. If the City of Port Angeles should be granted a permit to divert the waters from the Elwha River, which it seeks to obtain, it will not be able to rake any use of such permit prior to December 1, 18.E without breaching the franchises and contract between the city and the company hereinbefore mentioned, and the effect of such permit will be to cast a cloud upon the right of every one else to apply for and obtain a permit to divert such waters, b. If said permit should be granted and the City of Port Angeles should attempt to create electrical power prior to December 1, 1938 and to use the same itself or dispose of the same, it will be necessary for the company to institute suit to enjoin the City of Port Angeles from breaching such franchises and contract and such permit will, if wanted, not be capable of legal use by the City of Port Angeles. WHEREFORE The company prays that the application of the city be denied. PUGET SOUND POWM LIGHT COMPANY By )7/2.2‘z_''/ Its Lanager. September, 1928. STATE OF WASHINGTON SS County of King E.T. STEEI4 Manager, being first duly sworn on oath, says: I have read the foregoing protest, know the contents thereof and believe the sane to be true and. I make this verification in behalf of Puget Sound Power Light Company, the protestant named in the foregoing protest. Subscribed and sworn to before me this —day of Notary Public in and for the State of Washington, residing at Seattle