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Tuesday June 17, 2008
Statement on Swinomish Suit Over Skagit River Management Rule

Source: Washington State Department of Ecology

Olympia, WA -- The Department of Ecology (Ecology) issued the statement below in response to a lawsuit filed against the department by the Swinomish Tribe over amendments made in 2006 to the Skagit River management rule.

The rule, originally adopted in 2001, sets minimum-allowed “instream” flows for various points along the Skagit River and its tributaries. The Skagit River is the largest river in the Puget Sound basin and supports all five species of Pacific salmon.

State law requires Ecology to establish water management rules for each major river basin to protect and preserve fish, wildlife, recreation, navigation, aesthetics, water quality and livestock watering.

The 2001 rule did not specifically provide water for future agricultural, home construction and new commercial or industrial activities. The 2006 amendments kept the 2001 stream flows in place, and established and allocated “reservations” of surface and ground water for future agricultural irrigation, residential, commercial/industrial and livestock uses throughout the Skagit basin.

Here is a statement, issued by Jeannie Summerhays, Ecology’s regional director for northwestern Washington, on behalf of the department:

“We are reviewing the legal claims in detail. Ecology is confident the instream flow rule is legally sound and protective of fish and the environment.

“The lawsuit comes as we begin the process of implementing the rule. Important steps taken as part of this implementation have included:

  • Working jointly with Skagit and Snohomish Counties to account for water use under the reservations set aside for homes, farms and businesses.
  • Formation of the Skagit Water Resources Advisory Committee, which invites participation from tribes, local governments and other interests.
  • Funding and participation in a U.S. Geological Survey groundwater study to provide better knowledge of how well use affects stream flows.

“The 2006 amendments didn't change or reduce the minimum stream flows originally adopted in 2001 to protect fish and other natural resources in the Skagit stream system. We believe that rule provides fair, balanced and technically sound protections to the river, its resources and the human community it supports.”

News release on Skagit River management rule:

Background on instream flows, including the Skagit rule:
http://www.ecy.wa.gov/programs/wr/instream-flows/isfhm.html 

Contact:
Jeannie Summerhays, Director, Northwest Region, 425-649-7010
Larry Altose, media relations, 425-649-7009; pager: 206-663-1785
Dan Partridge, media relations, 360-407-7139; cell: 360-480-5722

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