The Olympia City Council voted unanimously to approve signing the MOU forming the Budd/Deschutes Environmental Stewardship Coalition tonight.  The City of Yelm and the Squaxin Island Tribal Council unanimously voted in favor last week.  If the City of Lacey approves the MOU this Thursday, there will be a signing ceremony at the Squaxin Museum on Nov. 29th at 3:30pm.

Here’s the video from that portion of last night’s meeting.

Fish runs in Johns Creek, near Shelton, have been shrinking for years.  Wells are stealing water that should flow into Johns Creek.  Ecology has refused to stop new wells until it knows where wells can be safely drilled.

So, the Tribe sued Ecology and Mason County.  In March 2011, Judge Paula Casey issued a great opinion!   She said that Ecology made a big mistake in denying the Tribe’s request.

Come again and watch round 2.   This time, the battle is over what Ecology must do when the case is returned to it for corrective action.  Ecology wants a free pass, but the Tribe wants more — real benefits for fish.  On Friday morning, September 2, the Tribe’s Legal Department will argue the Tribe’s case to Judge Paula Casey in Olympia.

When:  Friday, September 2, 2011, at 9:00 a.m.  It may happen later in the morning, but we will not know until the day before…

Where: Thurston County Superior Court, 2000 Lakeridge Dr. SW, Olympia, WA 98502.  Go to Building #2, Room # 257.

Judge Paula Casey ruled that the state’s inaction was “arbitrary and capricious.”

“We’re elated that the court took a step to protect Johns Creek,” said Andy Whitener, the tribe’s natural resources director.  “But our mission will not be accomplished until state agencies take concrete actions to increase streamflow and benefit salmon.”

The tribe petitioned the state Department of Ecology twice in two years to stop new water withdrawals in the Johns Creek Basin until enough scientific information is available to quantify the environmental impacts of pumping water out of those newly drilled wells.  The state rejected both requests, citing budget constraints.

“Every year since recordkeeping began in the 1950’s, Johns Creek has had less and less water, and in every one of those years, more wells have been drilled in the basin,” Whitener said. “ Not only are minimum flows not being met, but the water shortage gets worse every year.”

Since the state set minimum flows in 1984 (WAC 173-514), more than 200 “permit-exempt” wells have been drilled in the Johns Creek Basin.  State law allows these wells to be drilled without having to first obtain a permit and consents to withdrawals of up to 5,000 gallons a day.

“While we seek cooperation first in all of our natural resources management efforts, there are times when we must go to court to protect our culture and treaty rights,” said Whitener.

From the Squaxin perspective, the bill will provide funding to help local jurisdictions make  science-based decisions on water availability when issuing building permits under GMA (RCW 19.27,097).  Currently, if a well can pump enough water, the local jurisdiction always concludes that water is available.  This bill will help the Department of Ecology guide local jurisdictions to more science-based decisions when evaluating water availability for building permits.  If a well, particularly an exempt one, steals water from a senior instream flow right, this bill will provide for the assimilation of the kinds of data the Department of Ecology will need in order to direct the local jurisdictions to just say “no.”

So Squaxin says “yes” in support of this bill to “just say no” to most new water withdrawals!

UPDATE: Here is the public hearing, including testimony by Squaxin Island Tribe staff:

Last year, the tribe asked the governor to step in, but she didn’t. Here’s the story from the time:

The Squaxin Island Tribe is appealing to Gov. Chris Gregoire the decision by the state Department of Ecology to reject a petition to protect Johns Creek. “Ecology’s inaction does further harm to our treaty-based fisheries,” said Andy Whitener, natural resources director for the Tribe. “Salmon recovery should not have to bear a disproportionate share of the fallout from tough economic times.”

This is the second time in two years that Ecology has rejected the Tribe’s request to protect Johns Creek, citing the need for study on the connection between ground and surface water in the Johns Creek watershed. The Tribe’s petitions were based on a state law that closes a watershed to new well drilling activity if not enough information exists to establish that water is legally available.

Here are the various court filings for this lawsuit. First, the tribe’s opening brief:

Then a response from Mason County:

Department of Ecology’s response:

Then, the tribe’s reply:

Mushrooms might help treat one of the most widespread causes of water pollution — fecal bacteria from human and livestock waste in stormwater runoff. And if it works, the system can be used to protect the rich shellfish heritage of Puget Sound.

The Squaxin Island Tribe is teaming up with Mason Conservation District and Fungi Perfecti to test how well the vegetative growth (mycelia) of fungi filters fecal coliform bacteria out of running water.

“Several field studies have demonstrated that mushroom mycelia can capture and remove bacteria in running water,” said John Konovsky, environmental program manager for the Squaxin Island Tribe. “The Jamestown S’Klallam Tribe worked with Battelle Labratories on a large treatment system and found that fungi mycelia can reduce bacteria concentrations. We’re trying to figure out just how well it works on a smaller scale.”

Here is a King 5 report on the project: