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  • Category Archives Dungeness Water Rule
  • The Importance of Federal Water Control?

    Contact: Rosemarie Calabro Tully
    rct@energy.senate.gov
    (202) 224-7556

    Dear Rosemarie,

    I just called your office, left a message and now as instructed, I am emailing you.

    Re: Senator Cantwell Releases a Bold Vision for Water in the 21st Century

    THE IMPORTANCE OF FEDERAL WATER CONTROL

    Congress is one  way  Executive Order  is another a presidential memorandum to institutionalize the National Drought Resilience Partnership (NDRP)

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    Feb 5, 2013 WA STATE HAD THINGS UNDER CONTROL.

    6 (3) The provisions of this chapter apply only to waters of the
    7 Yakima river basin.

    It appears that the WA State Legislators can change WA State DOE Water Rules with a House Bill 1414 ?

    Behind My Back | Water Rules Not Etched In Stone

    www.behindmyback.org/2013/02/05/water-rules-not-etched-in-stone/

    Feb 5, 2013 – ARE WA STATE WATER RULES ETCHED IN STONE? PERHAPS NOT… 6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF … WASHINGTON:
    7 Sec. 1. RCW 90.38.005 and 1989 c 429 s 1 are each amended to read
    8 as follows:
    9 (1) The legislature finds that:

    It appears that the WA State Legislators can change WA State DOE Water Rules with a House Bill 1414 ?
    36 to satisfy both existing rights, and other presently unmet as well as
    37 future needs of the basin;

    6 (3) The provisions of this chapter apply only to waters of the
    7 Yakima river basin.

    What do we need in Clallam County to change the Dungeness Water Rule?
    Elected officials that represent us, Van De Wege, Senator Hargrove and Tharinger, to do their job and propose legislation
    36 to satisfy both existing rights, and other presently unmet as well as
    37 future needs of the basin;

    What do they need in Skagit County to change the Skagit River Water Rule?
    Elected officials that represent them, do their job and propose legislation
    36 to satisfy both existing rights, and other presently unmet as well as
    37 future needs of the basin;

    Feb 5, 2013 WA STATE HAD THINGS UNDER CONTROL.

    GOD FORBID THAT THE FEDERAL GOVERNMENT ALLOW ANYTHING BE UNDER STATE CONTROL

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    WOW in 2015? Last year, Sen. Cantwell introduced the Yakima Basin bill

    THE IMPORTANCE OF FEDERAL WATER CONTROL

    Senator Cantwell Releases a Bold Vision for Water in the 21st Century

    DOUBLE WOW 2016, Sen. Cantwell said. “The Yakima water bill is a national model for watershed management. The federal government has a responsibility to act now to support these efforts.”

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    Indeed, step by step, one way or another, from WOTUS to Wetland Delineation, to Cantwell.

    First the Feds TAKE all of our water using WOTUS

    WOTUS “Water Runs Down Hill”

    Posted on September 4, 2015 8:52 am by Pearl Rains Hewett Comment

    WOTUS Water Runs Down Hill
    So, the LAW OF GRAVITY becomes the EPA WOTUS WATER LAW OF THE LAND?

    ———————————
    I DON’T NEED AN APPLE TO FALL ON MY HEAD TO UNDERSTAND THE GRAVITY OF WATERS OF THE UNITED STATES (WOTUS)

    Last year the administration wrote new definitions that would have subjected all waters (running down hill) within 4,000 feet of a navigable water to EPA review and control.

    Behind My Back | Congress Must Act on Water Issues

    www.behindmyback.org/2015/12/04/congressmustact-on-water-issues/

    Dec 4, 2015 – Congress Must Act on Water Issues May 24, 2014 It takes an act of the U.S. … www.behindmyback.org/2015/02/01/high–dry-and-destitute/.

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    WA State Reform on Wetland Delineation?

    Posted on February 11, 2016 11:29 am by Pearl Rains Hewett Comment

    Re: WA State Legislative reform ideas for SMPs and wetlands delineation update?

    Wetland delineation is also an element of a “jurisdictional determination. ... A WETLAND IS A WOTUS “water of the United States” and thus regulated under the federal Clean …

    Wetland delineation establishes the existence (location) and physical limits (size) of a wetland for the purposes of federal, state, and local regulations.

    Wetland delineation is also an element of a “jurisdictional determination.” This process identifies which water bodies within a project’s boundaries meet the definition of “waters of the United States.” For more information on this, see the Corps’ of Engineers (Corps) Regulatory Guidance Letter 08-02, Jurisdictional Determinations.

    —————————————————————————————

    SO WHAT’S OLD?

    Behind My Back | “Ecology Sucks”

    www.behindmyback.org/2013/04/15/ecologysucks/

    Apr 15, 2013 – Ecology Sucks” And, the rest of the story. The local news papers did report that I said it. WHAT THE LOCAL NEWSPAPERS DID NOT REPORT …

    Behind My Back | High, Dry and Destitute

    www.behindmyback.org/2015/02/01/highdry-and-destitute/

    Feb 1, 2015 – High, Dry and Destitute WA State citizens, private property owners and … category and have previously been posted on “behindmyback.org”.

    AND WHAT’S OLD?

    FEB 5, 2013, It appears that the WA State Legislators can change WA State DOE Water Rules with a House Bill 1414 ?

    behindmyback.org/2013/02/05/ The provisions of this chapter apply only to waters of the 7 Yakima river basin.

    ————————————————————————–

    MARCH 25, 2016  SO WHAT’S REALLY NEW?

    BY HOOK OR BY CROOK, ONE WAY OR ANOTHER

    TOTAL FEDERAL CONTROL OF ALL WATER

    Senator Cantwell Releases a Bold Vision for Water in the 21st Century

    New white paper outlines a national policy framework for drought and water security

    Congress is one  way  Executive Order  is another a presidential memorandum to institutionalize the National Drought Resilience Partnership (NDRP),

    National Drought Resilience Partnership – US Drought Portal

    www.drought.gov/drought/content/ndrp

    National Drought Resilience Partnership Fact Sheet: Learn more about the NDRP, the importance of drought preparedness, and THE IMPORTANCE OF FEDERAL and …

    ————————————————————————-

    Senator Cantwell Releases a Bold Vision for Water in the 21st Century

    New white paper outlines a national policy framework for drought and water security

    Read Sen. Cantwell’s white paper here.

    Washington, DC – Today, on World Water Day, Ranking Member of the Energy and Natural Resources Committee U.S. Senator Maria Cantwell (D-Wash.) released a white paper to advance the development of a 21st century national framework for addressing drought and water security in the United States.  
    body{font-family: Geneva,Arial,Helvetica,sans-serif;font-size:9pt;background-color:

    An unprecedented drought last year and 15 years of drought across the American West have demonstrated the need to rethink U.S. water management in the 21st century. Since 1980, droughts have cost the United States more than $200 billion. The drought last year caused widespread and serious impacts for communities, agriculture, industry and the environment. As drought is predicted to continue in the coming years and as communities throughout the United States face significant water-security challenges, it is a crucial time to evaluate and develop new strategies at the national level.  

    Sen. Cantwell’s paper lays out a national framework to address water challenges through the modernization of federal programs to support and finance sustainable, watershed-scale solutions; advance science and technology; and promote partnerships with communities. The purpose of the paper is to foster a public dialogue and to develop a comprehensive policy agenda to address national drought and water security needs, as called for by states, tribes, local governments, utilities, agricultural producers and conservation groups.

    Modernizing federal programs is critical to supporting a more water-secure future,” Sen. Cantwell said. “The Yakima water bill is a national model for watershed management. The federal government has a responsibility to act now to support these efforts.”

    The framework document reflects lessons learned from Washington’s Yakima River Basin, where an extraordinary collaboration has led to a watershed planning effort that has become a national model. Last year, Sen. Cantwell introduced the Yakima Basin bill (S. 1694) to authorize federal participation in this effort, which will help usher in a new era in water management. The bill will help to restore ecosystems and endangered species, conserve water and provide water security for families, fish and farmers for years to come. Last month, Deputy Secretary of the Department of the Interior Michael Connor called the Yakima process a model not only for working through water challenges, but any natural resource management challenge.

    The white paper released today builds on that approach and outlines five policy principles as a national framework for drought and water security:

    1. Supporting collaborative watershed-scale solutions that are locally-driven. Governance solutions should support and incentivize collaborative, locally driven, watershed solutions by modernizing, coordinating, and streamlining federal programs to make them more effective.

    2. Financing solutions through partnerships and streamlined federal funding. Innovative water financing solutions should utilize an integrated watershed funding approach that streamlines federal funding and increases opportunities for public-private partnerships.

    3. Using and advancing the best science, technology and tools. Science and technology solutions should focus on accelerating innovation and the advancement of tipping points in science, technology and tools to transform water management.

    4. Advancing sustainable water supply solutions for people and the environment. Water supply solutions should take an integrated, portfolio approach that balances the needs of both people and the environment, including: (1) increased use of water markets, efficiency, conservation, recycling, reuse and desalination; (2) improvements in existing infrastructure, operations and low-impact infrastructure (such as aquifer storage and recovery); and (3) nature-based solutions and restoration of ecosystems and fisheries.

    5. Partnering with Tribal Nations, Arctic and Island Communities. The federal government should partner with and support Tribal Nations, Arctic and Island communities as they face unique challenges in responding to and addressing long-term water security needs.

    Addressing long-term drought is also a priority for the Obama administration. Ahead of today’s White House Water Summit, the administration released a presidential memorandum to institutionalize the National Drought Resilience Partnership (NDRP), which seeks to reduce the vulnerability of communities to the impacts of drought.

    Download Sen. Cantwell’s white paper on drought here.
    Read the presidential memorandum on long-term drought resilience here.

    ###

    Permalink: http://www.energy.senate.gov/public/index.cfm/2016/3/senator-cantwell-releases-a-bold-vision-for-water-in-the-21st-century

    How does drought response relate to climate preparedness?

    • The President’s Climate Action Plan: In June 2013, President Obama released his Climate Action Plan to cut the carbon pollution that causes climate change and affects public health, including increased risk of drought wildfires.
    • Executive Order – Preparing the United States for the Impacts of Climate Change: On November 1, 2013, President Obama established a Task Force on Climate Preparedness and Resilience to advise the Administration on how the Federal Government can respond to the needs of communities nationwide that are dealing with the impacts of climate change, including drought and wildfires.
    • Fact Sheet: Executive Order on Climate Preparedness
    • National Drought Forum Report: In December 2012, Federal agencies and states held the  ational Drought Forum (NDF) to focus on improving government coordination to support the planning and preparedness needed for enhancing resilience to ongoing or reoccurring drought. The NDRP is one important outcome of this forum and continues the Obama Administration’s commitment to helping communities get the drought assistance they need.
    • Federal Actions to Assist the Drought Emergency: A list of recent Federal actions, programs, and funding opportunities to support communities currently facing drought and to prepare for future drought events
    • Drought Recovery Matrix (download): An “at a glance” overview of federal resources, programs, funding, and authorities available to policy experts, federal and state agencies, and other impacted sectors to navigate the numerous programs and opportunities available to assist in building greater drought resilience (Last Updated in 2012).

     


  • Calif. Farmers High Dry and Destitute

    Calif. Farmers HIGH, DRY AND DESTITUTE

    Obama admin allocates water for endangered fish, leaves …

    m.washingtontimes.com/news/2016/feb/24/obam
    The Washington Times

    Logo: The Washington Times · Home · NewsObama admin allocates water for endangered fish, leaves California farmers high and dry … Wednesday, February 24, 2016 … some farmers are looking at another year of a zero federal water … “We’ve got to not only take a look at providing project [water] yield, we’ve also got …

    Washington State citizens, private property owners and farmers, in Skagit and Clallam County have been left HIGH, DRY AND DESTITUTE by WA State DOE WATER RULES.

    SO WHAT’S NEW? ENDANGERED FISH BEFORE FARMERS, FOOD AND THE ECONOMY.

    YEP… AGAIN AND STILL, FLUSHING TRILLIONS OF GALLONS PEOPLE WATER DOWN THE ENDANGERED SPECIES TOILET.

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    New post on Pie N Politics

    Feds allocate water for endangered fish, leave Calif. farmers high and dry
    by Liz Bowen
    By Valerie Richardson – The Washington Times
    Wednesday, February 24, 2016
    Despite wetter-than-average weather in California, some farmers are looking at another year of a zero federal water allocation even as the billions of gallons of water continue to be dumped into the ocean in order to save a three-inch fish.
    The worst part for many lawmakers at Wednesday’s House subcommittee hearing is that the Delta smelt remains as vulnerable as ever after the loss of 1.4 trillion gallons of water since 2008 under the federal Endangered Species Act.

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    PLEASE CLICK ON  AND LISTEN TO THE

    subcommittee hearing

    ———————————————————-

    High, Dry and Destitute

    Posted on by Pearl Rains Hewett

    Fish Before People Regardless of Cost

    Fish Before People Regardless of Cost

    The court held that the protection of EVERY ENDANGERED SPECIES is the highest priority of the federal government, REGARDLESS OF THE COST.

    California’s worst drought in 1200 years in pictures – BBC.com

    FARMERS BEFORE FISH?

    Pacific Legal Foundation, CHALLENGED, sought Supreme Court review, but the High Court denied, it set up reconsideration of the Supreme Court’s  ruling…..

    the court held that the protection of every endangered species is the highest priority of the federal government, regardless of the cost. The result has been a heavy-handed, top-down bureaucracy that frustrates human interests and species conservation.

    Status: On July 23, 2014, the Ninth Circuit Court of Appeals denied rehearing before the entire court, leaving an adverse ruling from March in place. PLF attorneys filed a petition for certiorari on September 30, 2014. The petition was denied on January 12, 2015.

    ——————————————————————————————————————–Pacific Legal Foundation, a bit of unedited text..

    Stewart & Jasper Orchards v. U.S. Fish and Wildlife Service
    Issue: Representing several California farmers, PLF attorneys are challenging the biological opinion (BiOp) by federal agencies used to restrict water deliveries from the Sacramento-San Joaquin Delta in order to protect the Delta smelt, a small fish listed under the Endangered Species Act. In 2012, PLF previously sought Supreme Court review of the case on a Commerce Clause challenge because smelt are in intrastate species, but the High Court denied cert. With a recent adverse ruling at the Ninth Circuit on the biological opinion, it sets up reconsideration of the Supreme Court’s TVA v. Hill decision, relied on by the Ninth Circuit to uphold the smelt BiOp. In TVA v. Hill, the court held that the protection of every endangered species is the highest priority of the federal government, regardless of the cost. The result has been a heavy-handed, top-down bureaucracy that frustrates human interests and species conservation.

    Status: On July 23, 2014, the Ninth Circuit Court of Appeals denied rehearing before the entire court, leaving an adverse ruling from March in place. PLF attorneys filed a petition for certiorari on September 30, 2014.

    The petition was denied on January 12, 2015.

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    Complex and contradictory laws, and court decisions, and regulations have made it nearly impossible for water to flow and our communities to grow

    Indeed, a  growing number of communities across the West have become impacted by severe drought conditions,

    Washington State Declares Drought Emergency

    www.huffingtonpost.com/…/washingtondrought-e
    The Huffington Post

    May 15, 2015 – Drought isn’t just a California problem, folks. Washington Gov. Jay Inslee declared a statewide drought emergency on Friday

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    How complex is this?

    The court held that the protection of EVERY ENDANGERED SPECIES is the highest priority of the federal government, REGARDLESS OF THE COST.

    ———————————————————————————————————

     As House Majority Leader Kevin McCarthy explained, “California is enduring its worst drought in 1,200 years, and a growing number of communities across the West have become impacted by severe drought conditions.”

    This week, the House will consider a bill to address water policies in California and the West:

    What happened to this?

    Western Water and American Food Security Act (HR 2898)

    Pie N Politics In accordance with Title 17 U.S.C. section 107, any copyrighted material herein is distributed without profit or payment to those who have expressed a prior interest in receiving this information for non-profit research and educational purposes only. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml
    Liz Bowen | February 29, 2016 at 6:42 pm | Categories: CA. Congressman Tom McClintock, Endangered Species Act, Federal gov & land grabs, Politicians & agencies, Water, Resources & Quality | URL: http://wp.me/p13fnu-6xm
    Comment See all comments

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    Dec 4, 2015

    Behind My Back | Congress Must Act on Water Issues

    www.behindmyback.org/2015/12/04/congressmust-act-on-water-issues/

    Dec 4, 2015Congress Must Act on Water Issues May 24, 2014 It takes an act of the U.S. … www.behindmyback.org/2015/02/01/high–dry-and-destitute/.

    Comment


  • Congress Must Act on Water Issues

    Congress Must Act on Water Issues

    May 24, 2014 It takes an act of the U.S. Congress to make SETTLEMENT/QUANTITY (AC-FT/YR) of reserved water rights with Indian tribes.

    ——————–
    Our Federal Elected Representatives, as members of congress, Must Act on Water Issues

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    Today, December 3, 2015 Rep. Greg Walden released a draft water agreement (A 69 PAGE DOCUMENT)
    114TH CONGRESS 1ST SESSION H.R._______________
    (a) SHORT TITLE
    This Act may be cited as the Klamath Basin Water Recovery and Economic Restoration Act of 2015.

    Rep. Greg Walden PROPOSED DRAFT FOR FEDERAL LEGISLATION IS A PREREQUISITE TO SOLVING LONG TERM WATER ISSUES, On, quantities of Indian Reserved water rights that have not yet been determined or settled by congress.

    INDEED, IT DOES TAKE AN ACT OF THE U.S. CONGRESS TO APPROVE AND IMPLEMENT WATER BASIN AGREEMENTS, TO IMPROVE NATURAL RESOURCE MANAGEMENT, SUPPORT ECONOMIC DEVELOPMENT, AND SUSTAIN AGRICULTURAL PRODUCTION IN RIVER BASINS IN THE PUBLIC INTEREST AND THE INTEREST OF THE UNITED STATES, AND FOR OTHER PURPOSES.

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    December 3, 2015 NEW POST ON PIE N POLITICS

    SUMMARY OF REP. GREG WALDEN’S 69 PAGE DRAFT KLAMATH LEGISLATION
    WATER CERTAINTY FOR AGRICULTURE: The draft authorizes and implements the water agreements in both the Upper Klamath Basin and the Klamath Project, providing for a long-term and certain water supply for farmers and ranchers.

    POWER CERTAINTY FOR AGRICULTURE:
    The draft directs the federal Bureau of Reclamation to provide affordable power for farmers, ranchers, and communities in the Basin.

    TRANSFER OF FEDERAL FOREST LANDS TO KLAMATH AND SISKIYOU COUNTIES: The draft transfers 100,000 acres of U.S. Forest Service land each to Klamath and Siskiyou counties. The lands would be used for timber production to grow jobs in rural communities and improve forest health.

    TRANSFER OF FEDERAL LANDS AND ECONOMIC DEVELOPMENT FUNDS TO KLAMATH TRIBES IN EXCHANGE FOR WAIVING SENIOR WATER RIGHTS:

    UNDER THE DRAFT, THE KLAMATH TRIBES WOULD WAIVE THEIR SENIOR WATER RIGHTS CLAIMS.

    IN EXCHANGE, THE TRIBES WOULD RECEIVE 100,000 ACRES OF U.S. FOREST SERVICE LAND FOR TIMBER PRODUCTION ALONG WITH ECONOMIC DEVELOPMENT FUNDS FOR TRIBAL MEMBERS.

    NO FEDERAL DAM REMOVAL: THE DRAFT DOES NOT AUTHORIZE, FUND, OR EXPEDITE FEDERAL DAM REMOVAL. That process is left up to the Federal Energy Regulatory Commission. It also does not create federal liability from dam removal.
    —————————————————————————————-
    Our Federally Elected Representatives for WA State, as members of congress, Must Act on long term solutions to citizens Water Issues.

    Behind My Back | High, Dry and Destitute

    www.behindmyback.org/2015/02/01/highdry-and-destitute/

    Feb 1, 2015 – High, Dry and Destitute WA State citizens, private property owners and farmers, in Skagit and Clallam County have been left HIGH, DRY AND …

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    I am sending this demand to my elected Rep. Derek Kilmer and Senators Murray and Cantwell.

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    Behind My Back | Tribal Water Approved by Congress?

    www.behindmyback.org/2014/05/24/tribalwaterapproved-by-congress/

    May 24, 2014 – SETTLEMENTS APPROVED BY CONGRESS Updated August 2011 … (2) Fallon Paiute Shoshone Indian Tribes Water Rights Settlement Act of …

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    http://www.heraldandnews.com/breaking/walden-releases-draft-water-agreement/article_c2f39ac4-99f5-11e5-8bdc-0f740314a1ce.html?utm_medium
    Liz Bowen | December 3, 2015 at 5:41 pm | Categories: Klamath River & Dams | URL: http://wp.me/p13fnu-6oc


  • Drought? Piped Irrigation,Tailwater, BMP

    Drought? Piped Irrigation, Tailwater FC , BMP

    In response to three (3) questions on BMP for Dungeness drought irrigation water.

    Asked after the Sequim Community Drought Forum

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    When we have irrigation water coming from the river into the irrigation pipes past our house and I don’t use it so it just keeps flowing down hill till someone does use it,

    but what happens if it doesn’t get used?

    Does it just dump out in the sound like the river does?

    Or is there an end to the pipe?

    —————————————————-

    Great drought questions. Complicated answer.

    —————————————————————-

    START HERE

    Dungeness River Targeted Watershed Initiative FINAL …  a 47 page report

    www.jamestowntribe.org/…/nrs/TWG_Final%20Report-compressed.pdf

    Dungeness Watershed on the Olympic Peninsula, Washington……………………………. …. NAME OF PROJECT. ….. An extensive irrigation system, which diverts river.

    snippets from the  47 page report

    A statistical evaluation of the effectiveness of best management practice BMPs from Task 2

    (i.e. IRRIGATION PIPING and septic system repairs) for remediating FECAL COLIFORM (FC) BACTERIA.

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    Piping irrigation ditches is considered a best management practice (BMP) for water conservation by preventing conveyance losses.

    Since the water conveyance system is enclosed in a pipe, the possibility of contaminants (fecal coliform (FC)) entering the system is greatly reduced, and if the pipeline is closed at the end, there is no spilling of excess tailwater at the downstream end of the irrigation system

    Monitoring for the effectiveness of irrigation piping was problematic in the sense that downstream samples could not be collected in most cases since the source water was eliminated.

    (all used for irrigating?)

    At one downstream location, the tailwater from a bluff ditch station (IRR-3) that emptied into the Bay was monitored after piping was complete because regulations required that a stormwater conveyance ditch be reconstructed above the pipe to continue to convey runoff.

    After piping, the fecal coliform FC concentration in the stormwater runoff conveyance was not significantly different than before the piping.

    Further analysis examined the impact of piping on tailwater discharge into Dungeness Bay,

    comparing data before and after the piping at three marine monitoring sites located near the freshwater bluff ditch sites. While this was statistically significant,

    it has little meaning from a water quality improvement standpoint.

    A number of benefits of irrigation piping can clearly be demonstrated such as water conservation, reduced ditch maintenance and efficient water delivery,

    However, the empirical evidence of reduction in fecal coliform FC was not clearly apparent from this study.

    —————————————————————-

    Expanded snippets, the full 47 page report is online

    Dungeness River Targeted Watershed Initiative FINAL …

    www.jamestowntribe.org/…/nrs/TWG_Final%20Report-compressed.pdf

    Dungeness Watershed on the Olympic Peninsula, Washington……………………………. …. NAME OF PROJECT. ….. An extensive irrigation system, which diverts river.

    Effectiveness Monitoring of Fecal Coliform Bacteria and Nutrients in the Dungeness Watershed, Washington

    Battelle PNWD-4054-3

    Pacific Northwest Division

    Richland, Washington 99352

    Prepared for:

    Jamestown S’Klallam Tribe in fulfillment of Task 3 (Effectiveness Monitoring Study) of the Dungeness River Watershed Final Work plan for the EPA Targeted Watershed Grant Program (2004)

    October 2009

     This study was conducted as part of an Environmental Protection Agency EPA Targeted Watershed Grant awarded to the Jamestown S’Klallam Tribe in 2004 that focused surface water cleanup efforts in the lower Dungeness Watershed and Dungeness Bay in Washington State

     http://www.jamestowntribe.org/programs/nrs/FINAL_EM_RPT%28Oct_09%29v_2.pdf

    Piping irrigation ditches is considered a best management practice (BMP) for water conservation by preventing conveyance losses.

    Since the water conveyance system is enclosed in a pipe, the possibility of contaminants entering the system is greatly reduced, and if the pipeline is closed at the end, there is no spilling of excess tailwater at the downstream end of the irrigation system

    Monitoring for the effectiveness of irrigation piping was problematic in the sense that downstream samples could not be collected in most cases since the source water was eliminated. Median concentrations from the two upstream stations were 10 and 128 CFU/100 ml.

    At one downstream location, the tailwater from a bluff ditch station (IRR-3) that emptied into the Bay was monitored after piping was complete because regulations required that a stormwater conveyance ditch be reconstructed above the pipe to continue to convey runoff.

    After piping, the fecal coliform FC concentration in the stormwater runoff conveyance was not significantly different than before the piping.

    Further analysis examined the impact of piping on tailwater discharge into Dungeness Bay,

    comparing data before and after the piping at three marine monitoring sites located near the freshwater bluff ditch sites.

    One marine station, DOH-110 was significantly different before and after piping. However, the geometric mean at this site before piping

    was 7 CFU/100 ml and after the piping was 4 CFU/100 ml. While this was statistically significant, it has little meaning from a water quality improvement standpoint.

    A number of benefits of irrigation piping can clearly be demonstrated such as water conservation, reduced ditch maintenance and efficient water delivery, however the empirical evidence of reduction in fecal coliform FC was not clearly apparent from this study.

    In the case where an irrigation ditch was piped to eliminate tailwater, but the piped ditch closely coupled the path of a stormwater runoff conveyance into the Bay, the benefits were reduced.

    However, the potential source of contamination to this ditch is from a much smaller geographic area than prior to piping when several miles of open irrigation ditch led to this discharge location

    A statistical evaluation of the effectiveness of BMPs from Task 2(i.e. irrigation piping and septic system repairs)for remediating fecal coliform bacteria. The my core mediation best management practice BMP effectiveness is discussed in a separate report (Thomas et al. 2009)

    The overall results of this study have not shown an improvement in surface water quality with respect to fecal coliform bacteria in the Dungeness watershed or Dungeness Bay within the last 10 years. However, water quality conditions have not declined within the watershed either.

    This is notable when considering the population within the  Dungeness watershed has steadily increased during this time period.

    ————————————————————————-

    In fact, asking your three short questions was the prelude to the following.

    Finding the answer was a bit more complicated. It took several hours of research going from one website to another.

    However, it was time well spent, in connecting the dots, many vital failures of public notification shall now become open, transparent and someone must be held accountable.

    In one of the following documents the FAILURE OF DUE PROCESS, failure of legal requirements for public notification of public meetings was mentioned and what remedial actions must be taken to comply with the WA State Public Meeting Act.

    This documented information of PUBLIC MEETINGS without legal, public notification, participation and public comment  SPANS A VERY LONG PERIOD IN TIME.

     ————————————————————————————-

    The more “We the People” know and can document, the better. Another chapter in the book of revelations by Pearl Revere

    ———————————————————————–

    I found this.. I did not research it,  It was mentioned briefly at the Drought Forum, But who knew why?

    2015 Emergency Drought affect on More Creek Water users?

    Technical Memorandum – Clallam County

    www.clallam.net/environment/…/SSA_Memo_Final.pdf

    Clallam County

    “Morse Creek is the largest of the independent drainages to salt water between the Dun- …. of 3,800′. It is the westernmost stream influenced directly by Dungeness area irrigation ….. Since 2000 the piping of many reaches of irrigation ditch has re- ….. Thus, the occurrence of baseflow in this reach expands and contracts up-.

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     2015 Dungeness Watershed (7) irrigation systems

    More images for irrigation systems in the dungeness watershed

    one diagram shows two pipeline that end dumping into the bay

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    Minutes – January 13, 2015 – Clallam CD

    www.clallamcd.org/storage/dist-business/…/Minutes2015-0113.pdf

    Jan 13, 2015 – Ben Smith informed the Board that the Water Users Association (WUA), … The WUA has not drafted a proposal yet, but wanted to see first if the …

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    Minutes – January 13, 2015 – Clallam CD

    www.clallamcd.org/storage/dist-business/…/Minutes2015-0113.pdf

    Jan 13, 2015 – Interlocal Agreement with Clallam County for Pollution Identification & Correction (PIC) Planning…PIC Implementation I … finalizing the contract after removing Addendum A (relating to co-location of offices). … DUNGENESS IRRIGATION DISTRICT DITCH PIPING PROIECT’ in the amount of$l,0| 1.19. … Ben Smith informed the Board that the Water Users Association (WUA), …

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    Dungeness River Targeted Watershed Initiative FINAL …

    www.jamestowntribe.org/…/nrs/TWG_Final%20Report-compressed.pdf

    Dungeness Watershed on the Olympic Peninsula, Washington……………………………. …. NAME OF PROJECT. ….. AN EXTENSIVE IRRIGATION SYSTEM, WHICH DIVERTS RIVER.

    ————————————————————————–

    November 12, 2014 APPROVED Meeting Notes Dungeness …

    home.olympus.net/~dungenesswc/docs/…/2014-11%20notes.pdf

    Nov 12, 2014 – Jennifer Bond, Clallam Conservation District … I. Introductions/Review Agenda/Review & Approve October DRMT Draft … District, provided an update presentation on the PIC (Pollution. Identification and Correction) Plan project status. …. Will look at opportunities for revising program in ways that would …

    —————————————————————————-

    October 23, 2014 – Clallam CD

    www.clallamcd.org/storage/…/agenda…/20141023_PIC_Agenda__Notes…

    Oct 23, 2014 – AGENDA. Pollution Identification & Correction Planning Meeting … Bond (CCD), Matt Heins (CCD), Stephanie Zurenko (DOE), Ivan … Jennifer and Andy gave a presentation on the draft PIC plan to the … Hansi also briefed the Jamestown S’Klallam Tribe’s Natural Resources Committee on the status of the.

    ——————————————————————-

    My first Google search diagramhttps://www.google.com/?gws_rd=ssl#q=2015+dungeness+watershed+%287%29+irrigation+systems+diagram

    —————————————————————————-

    Documented questions on irrigation water

    —– Original Message —–

    From: “diane <

    To: “pearl hewett” <phew@wavecable.com>

    Sent: Monday, May 25, 2015 3:56 PM

    Subject: Re: Citizen Review on Our Drought Forum

    Pearl please forgive the silliness of my question.

    When we have irrigation water coming from the river into the irrigation pipes past our house and I don’t use it so it just keeps flowing down hill till someone does use it, but what happens if it doesn’t get used? Does it just dump out in the sound like the river does? Or is there an end to the pipe? OK that is my question for today.

    ——————————————————————–

    Diane,

    Please forgive me for MY DOCUMENTED, convoluted extremely complex and difficult to follow intricately folded, twisted, coiled, complicated, sometimes, depends, on usually, or not, response to your (3) DROUGHT irrigation water questions.

    Pearl

     


  • Past and Present Drought in WA State

    History of Droughts in Washington State

    An interesting read on WA State DROUGHT PLANS

    BEFORE THE INSTREAM FLOW RULES.

    History of Droughts in Washington State_1977.pdf  A 43 page document

    ———————————————————————————–

    PRESENT DROUGHT PLANS FOR CITIZENS IN WA STATE?

    AFTER THE INSTREAM FLOW RULES?

    May 24, 2015  The WA statewide drought emergency PLAN?.

    Hmmm…  LAWMAKERS have yet to act on DOE’s request for $9.6 million in drought relief funds. The request came in late March, weeks after legislators began putting together spending plans.

    UPDATE: WHAT’S THE HOLDUP ON THE $9.6 MILLION IN DROUGHT RELIEF FUNDS?

    What’s the problem?

    WATER FOR CITIZENS IS WORTH FIGHTING FOR…

    IT’S A VALUE JUDGMENT

    At a drought committee meeting Monday, Honeyford reminded Stanford that he had been willing to embrace Stanford’s drought preparation bill in exchange for the House approving legislation to let the city of Lynden draw water from the Nooksack River in Whatcom County.

    Tribes and environmental groups oppose the bill, which passed the Senate.

    ————————————————————————-

    THE “CITIZENS  REVIEW” OF ECOLOGY’S DROUGHT PLANS IN WA STATE?

    What YOU can expect at a COMMUNITY DROUGHT FORUM?

    This  Report by Lois Krafsky-Perry
    for Citizen Review
    Posted Saturday, May 23, 2015

    Sequim/Dungeness community listens to drought concerns

    IT’S A MUST READ

    http://citizenreviewonline.org/sequimdungeness-community-listens-to-drought-concerns/

    CITIZENS REVIEW  is an online  resource for disseminating critical information to keep citizens informed

    —————————————————————————————————

    AS PROVIDED ABOVE BY LOIS…

    We the people have partners too….

    My website, behindmyback.org,  is dedicated to investigating, researching, documenting, UPDATING and disseminating critical information to help keep American citizens informed by posting and reporting things they don’t know. This is just one chapter in the book of revelations by Pearl Revere.

    ————————————————————————————————

     A 43 page document History of Droughts in Washington State_1977.pdf

    MEDIA Drought alert Sun., Feb. 6, 1977  

    WOW! THE ASSOCIATED PRESS

    Dear Reader: On February 16, 1977, Governor Dixy Lee Ray established the “Governor’s … drought occurrences in the State of Washington since 1900. Various.

    OCR Text

    Northwest Officials ponder energy outlook By THE ASSOCIATED PRESS Some nfflntnla HUn n*a« nn n_.. «-L. nn«<m.»». .i~-i_i_n.. M .-. THE DAILY NEWS—21 Angeles, Wash., Sun., Feb. 6, 1977

    By THE ASSOCIATED PRESS Nervous government weather- watchers are mobilizing for battle should a Pacific Northwest drought short-circuit electric power and whither crops this spring. Homeowners may be asked — or forced — to reduce their electrical use. During Christmas, Seattle City Light asked its 370,000 customers not to use outdoor decorative lighting. Further sacrifices may be around the corner if a serious drought occurs.

    —————————————————————————-

    MEDIA COVERAGE?   2015 WA STATE DROUGHT?  

    NOT SO MUCH..

    CAPITAL PRESS  Published:  

    Their full media report is  here

    Washington’s late reaction to drought revives legislation …

    www.capitalpress.com/Washington/…/washingtons-late-react

    Capital Press May 14, 2015 – A House bill to revise how the state prepares for a drought sank in the Senate, but may resurface in the special session.

    ——————————————————————————-

    Ecology’s  current drought report is sort of an interesting reading.

    Last revised: May 22, 2015

    Washington Drought 2015 | Washington State Department …

    www.ecy.wa.gov/drought/

    3 days ago – Washington State Weekly Drought Update – Office of Washington State … Current Snow Water Equivalent (SWE) % of Normal – View Map …

    ——————————————————–

    And more history…. a response from Ecology

    —– Original Message —–

    From: Marti, Jeff (ECY)

    To: pearl hewett

    Sent: Friday, May 22, 2015 5:23 PM

    Subject: RE: History of Droughts in Washington State

    Pearl, good sleuthing.   1977 was indeed a bad drought year, which triggered the (still ongoing) Yakima water rights adjudication.

    Here’s a couple more reports that you might find interesting.

    Jeff

    ————————————

    Jeff Marti

    Water Resources Program

    360-407-6627

    jeff.marti@ecy.wa.gov

    2005 Drought Response Report to the Legislature

    www.ecy.wa.gov/biblio/0611001.html

    • 2005 Drought Response Report to the Legislature … While it is generally viewed as a climate anomaly, in fact drought is the dry part of the normal climate cycle.

    Drought Response 2001: Report to the Legislature

    www.ecy.wa.gov/biblio/0111017.html

    Author(s), Curt Hart. Description, This legislative report outlines how the state agencies responsible for managing Washington’s emergency drought activities .

    ——————————————————————————-

    History of Droughts in Washington State 1900 to 1977 etc…

    Title History of Droughts in Washington State
    Publication Type Report
    Year of Publication 1977
    Authors Staff, GAHEWEC
    Keywords climate, droughts, environment, historic, history, washington, water
    Title History of Droughts in Washington State
    Publication Type Report
    Year of Publication 1977
    Authors Staff, GAHEWEC
    Keywords climate, droughts, environment, historic, history, washington, water

     



  • Are You A Normal Person?

    Are You A Normal Person?

    The is a DIRECT QUOTE OF ECOLOGY’S ANSWER  to a basic question.

    Aren’t people more important than fish?

    IF YOU’RE A NORMAL PERSON, YOU’D ANSWER “YES, PEOPLE USUALLY ARE MORE IMPORTANT THAN FISH.”

    HOWEVER, the issue of instream flow isn’t that simple.  It actually boils down to a “VALUE JUDGMENT” of what we want our world to look like.

    ————————————————————————

    VALUE JUDGMENT by definition

    An assessment of a person, situation, or event. The term is often restricted to assessments that reveal the values of the person making the assessment rather than the objective realities of what is being assessed.

    ——————————————————————————–

    WA STATE DEPT OF ECOLOGY  Answers to your basic questions,

    http://www.ecy.wa.gov/programs/wr/instream-flows/isf101.html

    ————————————————————————————————-

    ARE INSTREAM FLOWS ALL ABOUT PROTECTING FISH? WHAT ABOUT PEOPLE?

    ——————————————————————————————————

    SO? WHAT ABOUT PEOPLE?

    ARE YOU A NORMAL PERSON?

     By definition.. NORMAL is also used to describe individual behaviour that CONFORMS TO THE MOST COMMON BEHAVIOUR IN SOCIETY (known as conformity). Definitions of normality vary by person, time, place, and situation – it changes along with changing societal standards and norms.

    —————————————————————-

    ARE PEOPLE USUALLY MORE IMPORTANT THAN FISH?

    By definition.. USUALLY?

    1. Commonly encountered, experienced, or observed

    2. Regularly or customarily used

    3. In CONFORMITY with regular practice or procedure:

    ———————————————————————————

    ARE PEOPLE  MORE IMPORTANT THAN FISH?

    USUALLY…….

    By definition.. HOWEVER

    1. In spite of that

    2. nevertheless

    3.  by whatever means

    4.  in whatever manner

    ——————————————————————

    It actually boils down to aVALUE JUDGMENT” (by definition)

    An assessment of a person, situation, or event. The term is often restricted TO ASSESSMENTS THAT REVEAL THE VALUES OF THE PERSON MAKING THE ASSESSMENT rather than the objective realities of what is being assessed.

    ———————————————————————————

    THE VALUES OF THE PERSON MAKING THE ASSESSMENT?

     WA STATE DEPT OF ECOLOGY VALUES FISH BEFORE PEOPLE?

     —————————————————————————

    Hmmm… THE $$$ VALUES  OF EARTH ECONOMICS ?

    devoted to promoting ecosystem health and ecological economics

    ———————————————————————-

    WA STATE DEPT OF ECOLOGY

    Introduction to Instream Flows and Instream Flow Rules
    Answers to your basic questions,

    http://www.ecy.wa.gov/programs/wr/instream-flows/isf101.html

    ———————————————————————————

    What was the question?

    Are instream flows all about protecting fish? What about people?

    What was ECOLOGY’S Answer?

    Isn’t instream flow really an issue of “water for fish” vs. “water for people”?  Aren’t people more important than fish?  If you’re a normal person, you’d answer “yes, people usually are more important than fish.”  However, the issue of instream flow isn’t that simple.  It actually boils down to a value judgment of what we want our world to look like.  Fish are in fact just one of many organisms that live in streams but they often offer a gauge of overall environmental health.

     Instream flow is an issue of water and river management – seeking ways to maintain healthy, diverse ecosystems that contribute to a high quality of life while sustaining our basic life functions and economies.  Accomplishing this goal is never easy, as it involves integration of scientific knowledge and societal demands within a set of legal limitations.

    But informed and effective instream flow management should afford a healthy, enjoyable existence for people while maintaining healthy, diverse aquatic resources.   It’s much more complicated than “keeping a little water in the creek for the fish.”

    Instream Flow Council

    ————————————————————————————–

    WA STATE ELECTED LEGISLATORS VALUE JUDGMENT?

     INSTREAM FLOW IS AN ISSUE OF WATER FOR CITIZENS

    An assessment of a person, situation, or event. THE TERM IS OFTEN RESTRICTED TO ASSESSMENTS THAT REVEAL THE VALUES OF THE PERSON MAKING THE ASSESSMENT rather than the objective realities of what is being assessed.

    —————————————————————-

    THE OBJECTIVE REALITIES OF WHAT IS BEING ASSESSED?

    Start here

    EVEN,  BEFORE GOVERNOR INSLEE’S WA STATE DROUGHT DECLARATION

    INSTREAM FLOW WAS AN ISSUE OF WATER FOR CITIZENS

    ——————————————————–

    Behind My Back | High, Dry and Destitute

    www.behindmyback.org/2015/02/01/highdry-and-destitute/

    Feb 1, 2015 – High, Dry and Destitute WA State citizens, private property owners and farmers, in Skagit and Clallam County have been left HIGH, DRY AND 

    DESTITUTE  by definition, WITHOUT THE BASIC NECESSITIES OF LIFE.

    ———————————————————————————-

    WHAT’S NEXT?

    AFTER, GOVERNOR INSLEE’S WA STATE DROUGHT DECLARATION?

    INSTREAM FLOW IS NOW A  CRITICAL ISSUE OF WATER FOR CITIZENS

    —————————————————-

    WHAT’S NEXT?

    Community Drought Forum

    May 21, 2015

    6:00-8:30PM

    Guy Cole Convention Center

    202 North Blake Avenue, Sequim, WA 98382

     ————————————————————-

    Please GO PUBLIC with this.

    Invite every “CITIZEN” that is critically affected by

    Ecology’s WA State Drought Response?

    2015 Dungeness Dry Year Leasing Program FAQs

    GOT QUESTIONS? WANT ANSWERS?

    PLEASE  attend this Clallam County Community Drought Forum

    JEFF MARTI DROUGHT COORDINATOR WASHINGTON DEPARTMENT OF ECOLOGY WILL BE THERE TO ANSWER YOUR QUESTIONS.

    ————————————————————————————————————

    ARE YOU CONCERNED ABOUT ECOLOGY’S WATER VALUE JUDGMENT?

    GOT QUESTIONS? WANT ANSWERS?

    WATER RESOURCES ADVISORY COMMITTEE (WRAC)

    Meetings are normally attended by about FORTY PEOPLE WHO REPRESENT STATE AGENCIES, LOCAL GOVERNMENTS, WATER UTILITIES, INDIAN TRIBES, ENVIRONMENTAL GROUPS, CONSULTANTS, LAW FIRMS AND OTHER WATER STAKEHOLDERS. 

     GOT QUESTIONS? WANT ANSWERS?

    CONTACT

    Chris Anderson
    Department of Ecology, Water Resources Program
    e-mail: chris.anderson@ecy.wa.gov
    Phone: 360-407-6634

     


  • The ROSS Approach to Puget Sound

    The ROSS Approach to Puget Sound

    OUR WATER AND TIMBER

     THE REGIONAL OPEN SPACE STRATEGY (ROSS)

     http://openspacepugetsound.org/ross-approach

    LOCAL PRIORITIES IN PUGET SOUND

    At the heart of the ROSS are WATERSHED Open Space Strategies, engaging local stakeholders who know the priorities and challenges of their sub-basins intimately.

    ——————————————————————————-

    Local stakeholders who know the priorities and challenges of their sub-basins intimately?  Skagit and Clallam County.

    Behind My Back | High, Dry and Destitute

    www.behindmyback.org/2015/02/01/highdry-and-destitute/

    Feb 1, 2015 – High, Dry and Destitute WA State citizens, private property owners and …

    —————————————————————————–

    REGIONAL ANALYSIS IN PUGET SOUND

    Together, we will analyze and SYNTHESIZE local priorities and regional challenges to plan across traditional jurisdictional and watershed boundary lines for our shared future.

    ——————————————————————–

    THE ROSS APPROACH ON MANAGED  TIMBER  PRODUCTION

     GOT TIMBER?  WANT DNR TO GIVE CLALLAM COUNTY’S TIMBER BACK?

     THE  WASHINGTON  STATE  DEPARTMENT  OF  NATURAL  RESOURCES  HAS  GIS  SPATIAL  DATA  SETS  ABOUT  FOREST  PRACTICES  WHERE  THE  TIMBER  HARVEST  AREAS  CAN  BE  SEEN  IN  POLYGONS.

     BETTER CHECK IT OUT…

    ———————————————————————-

    I Signed up for the ROSS Newsletter!

    I will receive monthly project updates and opportunities to get engaged in the Regional Open Space Strategy.

    ————————————————————————————-

    Informing Conservation Decisions Based on Ecosystem Services

    Managed  timber  production PAGE 9

    In  the  context  of the  ROSS,  we  ATTEMPTED  to  use  the  MODEL  to  assess  general  habitat  rarity  and  quality  within  our  focus  area.

    All  types  of  land  covers  that  were  open  space habitat.

    THREATS  CONSIDERED  IN  THE  MODEL  WERE  ROADS,  HIGHWAY,  TRAILS,  AND  DEVELOPED  LAND.  The  relative  sensitivities  of  land  cover  to  these  THREATS  used  in  the  model  WERE  PLACEHOLDERS  SINCE  CONCLUSIVE  DATA  FOR  THESE  VALUES  COULD  NOT  BE  FOUND.

    Ultimately, we  could  not  run  the  model, even  as  a  trial,  because  of  technical  issues.  The  InVEST software  displayed  an  error  that  the  GIS  data  used  did  not  cover  the  same  geographic  space.

    While  this  was  not  the  case,  our  team  did  not  resolve  the  issue in  time  for  this  report.  Managed  timber  production  model  The  InVEST  timber  model  has  been  developed  to  measure  the  amount  and  volume  of  the  timber  produced  over  a  time  period  and  to  calculate  the  net  present  value  of  that.

    The  amount  of  timber  harvests  from  both  natural  forests  and  managed  plantations  can  be  estimated  by  using  this  model.    The  model  requires vector  GIS  data,  information  about  harvest  levels,  frequency  of  harvest,  costs  of  harvesting  and  management  practices for  each  timber  harvest  parcel.  The  model  can  make  two  types  of  calculations  in  terms  of  the  selected  time  period:  the  timber  parcel  map  can  be  related  either  to  a  current  map  or  to  a  future  scenario  map.

    The  TIMBER  MODEL  can  be  especially  useful  for  ONE  OF  THE ROSS’  KEY  AREAS: “Rural  and  Resource  Lands”.    Since  the  model  gives  as  output  the  amount  and  volume  of  the  timber  produced  over  a  period  of  time  and  that  harvest’s  net  present  value,  it  can  be  beneficial  in  terms  of  calculating the  OPPORTUNITY  costs  of  preserving  a  forestland  or  opening  it  up  for  development.  

    THE  WASHINGTON  STATE  DEPARTMENT  OF  NATURAL  RESOURCES  HAS  GIS  SPATIAL  DATA  SETS  ABOUT  FOREST  PRACTICES  WHERE  THE  TIMBER  HARVEST  AREAS  CAN  BE  SEEN  IN  POLYGONS.  The  information  about  the  volume  of  timber  produced  is  available  too.

    HOWEVER,  in  order  to  be  able  to  run  the  model  other  data  needs  (such  as  frequency  of  harvesting,  percentage  of harvesting,  maintenance  cost,  and  harvesting  cost)  need  to  be  collected  from  the  timber  parcel  owners.

    While  running  trial  of  this  model  we  discovered  that  in  order to  find  the  necessary  data  mentioned  above  to  run  the  model  we  would  need  to  conduct  a  field  study  and  collect  the  information  from  each  parcel  owner.  As  our  time  to  complete  the  study  was  limited, we  could  not  conduct  a  field  study.  It  may  be  POSSIBLE  in  the  future  to use  sustainable  forest  practices  information  to  estimate  for  example  the  frequency  of  timber  harvesting  in  Pierce  County.

    HOWEVER,  we learned  that the  definition  of  sustainable  forest  practices  may  vary  from  one  landowner  to  another  and  that  we  cannot  generalize  one  model  for  each  timber  harvest.

    THUS,  as  a  result  we  could  not  run  the  model.  Figure  6  provides  an  example  for how  the  model  output  can  be  used  in  VISUALIZATION  of  different  scenarios.

    The  last  column  in  the  figure  entitled  “MARKET  VALUE  OF  COMMODITY  PRODUCTION”  includes  the  value  of  the  timber  produced  in  that  area.  The  greenest  color  represents  the  highest  production  of  ecosystem  services  and  the  pinkest  color  represents  the  lowest  value  of  them.  For  example, in  the  conservation  scenario  it  can  be  seen  that  the  market  value  of  the  commodity  produced is  lowest  whereas  carbon  sequestration  has  the  highest  value  in  that  scenario……

    ———————————————————————————-

    OUR WATER And OUR TIMBER, WHO COULD ASK FOR ANYTHING MORE?

    Ask a Silly Question?

    The Butterfly has landed?
    What does the expansion of a military base  have to do with designating 150 acres of Clallam County property to a WA State conservancy group as OPEN SPACE FOR AN ENDANGERED BUTTERFLY?

    —————————————————————————————————-

    THE REGIONAL OPEN SPACE STRATEGY (ROSS)

    DRAFT Committee Structure & Organizational Framework

    Regional Open Space Strategy (ROSS)

    DRAFT

    Committee Structure & Organizational Framework

    Executive Committee

    Role: Project Guidance & Endorsement of ROSS

    Lead: Ron Sims (PSP Leadership Council)

    Oct 12, 2011 – … Executive Ron Sims to the Puget Sound Partnership Leadership Council.

    Members: PSRC; Decision-Makers in King, Kitsap,

    Pierce, & Snohomish; Land & Resource Conservation

    Agency & Association Directors; MAJOR AGRICULTURE &

    FORESTRY INTERESTS, Large Community Organizations;

    and Supporting Financial Institutions

    ———————————————-

    ROSS Project Team

    Role: Staffing & Coordination

    Lead: Green Futures Lab

    Members: NCLC, National Park

    Service RTCA Program, & The

    Bullitt Foundation.

    ————————————————-

    Steering Committee

    Role: Oversight, Integrated ROSS Development

    Lead: TBD Members:

    Land Trusts; Key National, State, PSRC,

    County, City, Tribe, & Port Staff; Environmental

    Management Orgs.; Advocacy & Community Interests;

    Economic/Workforce Interests; Design & Planning

    Professionals, and Research Institutions

    ———————————————————

    Technical Advisory Committees

    Role: Work Sessions & Issue Paper

    Lead: Bob Feurstenberg

    & TBD Members:, USFS, NPS, TPL, TNC,

    Earth Economics, PSP, Forterra

    PSRC, Research Institutes, etc

    ——————————————————

    Recreation & Trails Advisory Committee

    Role: Work Sessions & Issue Paper

    Lead: Amy Shumann (PHSKC) & Jennifer Knauer(PSP)

    Members:  WSDOT, BAW, CBC, NPS, TPL, SPF, Parks/Recreation &

    Health Depts., Greenways, etc

    —————————————————————–

    Rural & Resource Lands Advisory Committee

    Role: Work Sessions & Issue Paper

    Lead: Lauren Smith (King County) & Skip Swenson (Forterra)

    Members: TPL, TNC, Land Trusts, Farm/Forestry Orgs., Labor, Property Rights, Cons.

    Dists., etc.

    —————————————————–

    Urban & Community Plan Advisory Committee

     Role: Work Sessions & Issue Paper

    Lead: Joe Tovar (Inova) & Ben Bakkenta( PSRC)

    Members: Forterra, ULI, Impact Capital, Great City,

    Tilth, SPF, Groundswell NW, Greenways, etc

    —————————————————————————–

    WATERSHED OPEN SPACE TASKFORCES

    Role: Watershed Open Space Studies.

    Leads:  Associated Watershed Councils & Conservation Districts

    ————————————————————–

    Regional Open Space Strategy (ROSS)

    INCLUDING, BUT NOT LIMITED TO ALL OF THE ATTACHMENTS BELOW

    It’s an extensive partnership of governments and non-profits.

    Implementation of the strategy will require buy-in $$$$$$ And, the power

    They have begun mapping the priority areas to consider for acquisition

    Conservation Decisions Based on Ecosystem Services

    Prepared for the Regional Open Space Strategy of Central Puget Sound

    Regional Open Space Strategy (ROSS)

    http://openspacepugetsound.org/ross-approach

    The ROSS approach brings together decision makers, planners, businesses, and individuals with the power to make smart, regional-based, and coordinated decisions to support open space and our future quality of life in the Puget Sound Region. This collaborative effort is stewarded by the University of Washington’s award-winning Green Futures Lab.

    ————————————————————————————————————————————

    I found above plan/strategy in the MRSC publication.  This has to be a part of the desired ARL sweep.  The article says they have begun mapping the priority areas to consider for acquisition (haven’t found them yet).  Implementation of the strategy will require buy-in from an informed citizenry and the support of the regions leaders from both public and private sectors.

    IT’S AN EXTENSIVE PARTNERSHIP OF GOVERNMENTS AND NON-PROFITS.

    http://openspacepugetsound.org/ross-approach

    DRAFT Committee Structure & Organizational Framework

    Introduction to the Regional Open Space Strategy (ROSS)

    A Collective Vision

    PRELIMINARY COMPREHENSIVE STRATEGY

    Researching and Analyzing Governance Models for UW Green Futures Research + Design Lab

    Informing Conservation Decisions Based on Ecosystem Services

    ————————————————————————————————–

    THIS  EXTENSIVE PARTNERSHIP OF GOVERNMENTS AND NON-PROFITS, HAS BECOME AN ALL TOO FREQUENT PATTERN IN THE UNITED STATES OF AMERICA.

    ——————————————————————————————

    This is part of  my comment on the Clallam County New SMP Matrix

    THE NGO, NOTHING TO LOSERS, PILING ONE NGO NON-TAXPAYING  SPECIAL INTEREST GROUPIES COMMENTS,  on top of another NGO non-taxpaying  special interest group comment, all in collusion with, in cahoots with, in partnership,affiliated with, paid for by and with grants and with our tax dollars, from  local, county, state and federal government agencies.

    AND, WITH ALL OF OUR FEDERAL, STATE AND LOCAL  ELECTED, APPOINTED AND PAID EMPLOYEES IN ALL AGENCIES, IN PARTNERSHIP WITH, IN COLLUSION WITH, IN CAHOOTS WITH, AFFILIATED WITH AND COORDINATING WITH THE GLOBAL, OUT OF TOWNERS, NGO, NOTHING TO LOSERS NON-TAXPAYING  OPPORTUNISTIC SPECIAL INTEREST GROUPS.

    Sound familiar?

    —————————————————————————————-

    Indeed, THIS  EXTENSIVE PARTNERSHIP OF GOVERNMENTS AND NON-PROFITS, HAS BECOME AN ALL TOO FREQUENT PATTERN IN THE UNITED STATES OF AMERICA.

    “WE’RE RESPONSIBLE FOR BRINGING THE MORE THAN 600 PARTNERS TOGETHER”

    A quote from Gerry O’Keefe, executive director of the Puget Sound Partnership.

    The Washington State legislature created the Puget Sound Partnership a state agency dedicated to identifying, prioritizing, and coordinating efforts to protect and RESTORE PUGET SOUND.

    Since its founding in 2007, the partnership has collaborated with state and federal agencies, local governments, tribes, businesses, and citizen groups to achieve specific cleanup and restoration goals for Puget Sound.

    Who knew about this? Who knew about ROSS?

    (PSNERP) PUGET SOUND NEARSHORE ECOSYSTEM RESTORATION PROJECT
    A 373 PAGE REPORT ON THE RESTORATION OF PUGET SOUND.

    THIS IS NOT A CASUAL REPORT OF RESTORATION FOR THE SMP UPDATE

    The PSNERP GI study area includes the entire portion of Puget Sound, and the Straits of Juan deFuca and southern Strait of Georgia that occur within the borders of the United States;

     DATA IS ALSO ACQUIRED FOR WATER SHED DRAINAGE AREAS of Puget Sound rivers that extend into Canada.

    “WE’RE RESPONSIBLE FOR BRINGING THE MORE THAN 600 PARTNERS TOGETHER”

    A quote from Gerry O’Keefe, executive director of the Puget Sound Partnership.

    ——————————————————————————–

    Behind My Back | The “RESTORATION” Shell Game

    www.behindmyback.org/2014/06/09/the-restorationshellgame/

    Jun 9, 2014 – A highly convoluted “GAME OF RESTORATION” that is involving the … MANY NUTS CAN YOU GET UNDER ONE RESTORATION SHELL?

     


  • SMP What has Your County got to Lose?

    SMP What has Your  County got to Lose?

    For the record this is my Clallam County

    SMP Public Comment

    What has Clallam County got to lose?

    RCW 90.58.290

    Restrictions as affecting fair market value of property. The restrictions imposed by this chapter shall be considered by the county assessor in establishing the fair market value of the property.

    [1971 ex.s. c 286 § 29.]

    INDEED, ONE MUST CONSIDER  ALL OF THE  RESTRICTIVE SMP  “SHALLS” ON PRIVATE VESTED SHORELINE PROPERTY OWNERS, AND IN PARTICULAR… THE UNDEVELOPED PRIVATE INVESTMENT SHORELINE PROPERTIES, VIEW, ETC?

    AND, ONE MUST CONSIDER THE VALUE OF PROPERTY  LEFT “HIGH DRY AND DESTITUTE”  BY THE DUNGENESS WATER RULE?

    CLALLAM COUNTY HAS A TAX BASIS OF 11%

    HOW MUCH MORE CRITICAL LAND MASS CAN CLALLAM COUNTY AFFORD TO LOSE AND STILL BE AN ECONOMICALLY VIABLE COUNTY?

    Ad Valorem Tax Dilemma?

    Posted on October 6, 2013 10:19 am by Pearl Rains Hewett Comment

    IN CLALLAM COUNTY, INDEED AD VALOREM TAX IS a situation in which PAM RUSHTON, our county assessor, must choose one of two or more UNSATISFACTORY alternatives.

    AN AD VALOREM TAX (Latin for “according to value”) IS A TAX BASED ON THE VALUE OF REAL ESTATE or personal property.

    An ad valorem tax is typically imposed at the time of a transaction(s) (a sales tax or value-added tax (VAT)), BUT IT MAY BE IMPOSED ON AN ANNUAL BASIS (real or personal property tax) or in connection with another significant event (inheritance tax)
    ———————————————————————————-
    The VALUE OF REAL ESTATE (private property)  WITH NO WATER is an extremely taxing DILEMMA IN CLALLAM and SKAGIT COUNTY, and in fact for all tax assessors in WA State.
    ———————————————————————————-
    How much is 20 acres of ZONED farm land worth with WATER?

    How much is 20 acres of ZONED farm land worth with “ZERO” WATER?

    How much is 20 acres of ZONED farm land worth with ONLY 150 GALLONS OF INDOOR WATER USE A DAY?
    ———————————————————————————-
    IN CLALLAM COUNTY, INDEED IT IS a situation in which PAM RUSHTON, our county assessor, must choose one of two or more UNSATISFACTORY alternatives.

    1. DEVALUATE THE REAL ESTATE WITH NO WATER

    2. RAISE THE VALUATION OF REAL ESTATE WITH WATER

    3. CHOOSING BOTH #1 one AND #2 two UNSATISFACTORY alternatives

    4. NOW WITH THE WA STATE SUPREME COURT RULING AGAINST WA STATE AND FOR THE TRIBES?

    5. More DILEMMA? LEGAL ARGUMENTS LEADING TO more UNDESIRABLE CHOICES, in logic, a form of reasoning that, , though valid,

    6. Leads AGAIN to ONE? TWO? OR more? undesirable alternatives.
    —————————————————————————-
    The Bottom line

    The ” VALUE OF REAL ESTATE WITH NO WATER is an extremely taxing DILEMMA IN CLALLAM and SKAGIT COUNTY, and in fact for all tax assessors in WA State.

    Highest and best use

    Highest and Best Use (HBU) is foundational to the appraisal process. It is a process to determine what use produces the highest value for the property. This exercise must usually be done twice: once, under the assumption that the property is vacant; and secondly, as the property is currently improved.

    There are four steps to the process.
    1. The appraiser determines all uses which are legally permissible for the property? Of the uses
    2. Which are legally permissible?
    3. which ones are physically possible? Of those,
    4. Which ones are financially feasible?
    (sometimes referred to as economically supported).

    Of those uses which are feasible, which use is maximally productive for the site. The outcome of this process is the highest and best use for the site.

    A market value appraisal implicitly assumes that a buyer intends to use the property in its highest and best use. This use, therefore, drives the value equation.

    AND, To say nothing of the MAN MADE ECONOMIC DISASTERS for Clallam and Skagit County and the private property owners in those counties?

    THE DOE WATER RULES, SETTING THE INSTREAM FLOW, THE DUNGENESS WATER RULE AND THE WA WATER TRUST.

    ————————————————————————————-

    Behind My Back | High, Dry and Destitute

    www.behindmyback.org/2015/02/01/highdry-and-destitute/

    Feb 1, 2015 – High, Dry and Destitute WA State citizens, private property owners and … category and have previously been posted on “behindmyback.org”.

    —————————————————————————————

    Research and documentation, YOU MAY continue reading, OR NOT,  for
    AD VALOREM TO AD NAUSEAM ….(is a latin term for something unpleasurable that has continued “to [the point of] nausea”.) on my website behindmyback.org.

    Ad Valorem Tax Dilemma?

    Posted on October 6, 2013 10:19 am by Pearl Rains Hewett Comment

    ——————————————————————————–

     

     

     

    AD VALOREM
    (tax (latin for “according to value”) is a tax based on the value of real estate or personal property.)

    Property tax
    Main article: Property tax
    A property tax, millage tax is an ad valorem tax that an owner of real estate or other property pays on the value of the property being taxed. There are three species or types of property: Land, Improvements to Land (immovable man made things), and Personal (movable man made things). REAL ESTATE, REAL PROPERTY OR REALTY ARE ALL TERMS FOR THE COMBINATION OF LAND AND IMPROVEMENTS. The taxing authority requires and/or performs an appraisal of the monetary value of the property, and tax is assessed in proportion to that value. Forms of property tax used vary between countries and jurisdictions.

    Real estate appraisal

    Real estate appraisal, property valuation or land valuation is the process of valuing real property. The value usually sought is the property’s market value. Appraisals are needed because compared to, say, corporate stock, real estate transactions occur very infrequently. Not only that, but every property is different from the next, a factor that doesn’t affect assets like corporate stock.

    Furthermore, all properties differ from each other in their location – which is an important factor in their value. So a centralized Walrasian auction setting can’t exist for the trading of property assets, such as exists to trade corporate stock (i.e. a stock market/exchange).

    This product differentiation and lack of frequent trading, unlike stocks, means that specialist qualified appraisers are needed to advise on the value of a property.

    The appraiser usually provides a written report on this value to his or her client. These reports are used as the basis for mortgage loans, for settling estates and divorces, for tax matters, and so on. Sometimes the appraisal report is used by both parties to set the sale price of the property appraised.

    In some areas, an appraiser doesn’t need a license or any certification to appraise property. Usually, however, most countries or regions require that appraisals be done by a licensed or certified appraiser (in many countries known as a Property Valuer or Land Valuer and in British English as a “valuation surveyor”).

    If the appraiser’s opinion is based on Market Value, then it must also be based on the Highest and Best Use of the real property.

    For mortgage valuations of improved residential property in the US, the appraisal is most often reported on a standardized form, such as the Uniform Residential Appraisal Report.[1] Appraisals of more complex property (e.g. — income producing, raw land) are usually reported in a narrative appraisal report.

    Types of value

    There are several types and definitions of value sought by a real estate appraisal. Some of the most common are:

    •Market value – The price at which an asset would trade in a competitive Walrasian auction setting.

    Market value is usually interchangeable with open market value or fair value. International Valuation Standards (IVS) define:
    Market value – the estimated amount for which an asset or liability should exchange on the valuation date between a willing buyer and a willing seller in an arm’s length transaction, after proper marketing and where the parties had each acted knowledgeably, prudently and without compulsion.

    •Value-in-use, or use value[3] – The net present value (NPV)[4] of a cash flow that an asset generates for a specific owner under a specific use. Value-in-use is the value to one particular user, and may be above or below the market value of a property.

    •Investment value – is the value to one particular investor, and may or may not be higher than the market value of a property. Differences between the investment value of an asset and its market value provide the motivation for buyers or sellers to enter the marketplace.

    International Valuation Standards (IVS) define:
    Investment value – the value of an asset to the owner or a prospective owner for individual investment or operational objectives.

    •Insurable value – is the value of real property covered by an insurance policy. Generally it does not include the site value.

    •Liquidation value – may be analyzed as either a forced liquidation or an orderly liquidation and is a commonly sought standard of value in bankruptcy proceedings. It assumes a seller who is compelled to sell after an exposure period which is less than the market-normal time-frame.

    Price versus value
    There can be differences between what the property is really worth (market value) and what it cost to buy it (price).

    A price paid might not represent that property’s market value. Sometimes, special considerations may have been present, such as a special relationship between the buyer and the seller where one party had control or significant influence over the other party.
    In other cases, the transaction may have been just one of several properties sold or traded between two parties. In such cases, the price paid for any particular piece isn’t its market ‘value’ (with the idea usually being, though, that all the pieces and prices add up to market value of all the parts) but rather its market ‘price’.

    At other times, a buyer may willingly pay a premium price, above the generally-accepted market value, if his subjective valuation of the property (its investment value for him) was higher than the market value. One specific example of this is an owner of a neighboring property who, by combining his own property with the subject property, could obtain economies-of-scale.

    Similar situations sometimes happen in corporate finance. For example, this can occur when a merger or acquisition happens at a price which is higher than the value represented by the price of the underlying stock. The usual explanation for these types of mergers and acquisitions is that ‘the sum is greater than its parts’, since full ownership of a company provides full control of it. This is something that purchasers will sometimes pay a high price for. This situation can happen in real estate purchases too.

    But the most common reason for value differing from price is that either the buyer or the seller is uninformed as to what a property’s market value is but nevertheless agrees on a contract at a certain price which is either too expensive or too cheap. This is unfortunate for one of the two parties. It is the obligation of a Real Property Appraiser to estimate the true market value of a property and not its market price.

    Market value definitions in the USA
    In the US, appraisals are for a certain type of value (e.g., foreclosure value, fair market value, distressed sale value, investment value). The most commonly used definition of value is Market Value. While Uniform Standards of Professional Appraisal Practice (USPAP) does not define Market Value, it provides general guidance for how Market Value should be defined:
    a type of value, stated as an opinion, that presumes the transfer or sale of a property as of a certain date, under specific conditions set forth in the definition of the term identified by the appraiser as applicable in an appraisal.

    Thus, the definition of value used in an appraisal or CMA (Current Market Analysis) analysis and report is a set of assumptions about the market in which the subject property may transact. It affects the choice of comparable data for use in the analysis. It can also affect the method used to value the property. For example, tree value can contribute up to 27% of property value.[5][6]

    Three approaches to value
    There are three traditional groups of methodologies for determining value. These are usually referred to as the “three approaches to value” which are generally independent of each other:

    •The cost approach (the buyer will not pay more for a property than it would cost to purchase an equivalent).

    •The sales comparison approach (comparing a property’s characteristics with those of comparable properties that have recently sold in similar transactions).

    •The income approach (similar to the methods used for financial valuation, securities analysis or bond pricing).

    However, the recent trend of the business tends to be toward the use of a scientific methodology of appraisal which relies on the foundation of quantitative-data,[7] risk, and geographical based approaches.[8][9] Pagourtzi et al. have provided a review on the methods used in the industry by comparison between conventional approaches and advanced ones.[10]

    As mentioned before, an appraiser can generally choose from three approaches to determine value. One or two of these approaches will usually be most applicable, with the other approach or approaches usually being less useful. The appraiser has to think about the “scope of work”, the type of value, the property itself, and the quality and quantity of data available for each approach. No overarching statement can be made that one approach or another is always better than one of the other approaches.

    The appraiser has to think about the way that most buyers usually buy a given type of property. What appraisal method do most buyers use for the type of property being valued? This generally guides the appraiser’s thinking on the best valuation method, in conjunction with the available data. For instance, appraisals of properties that are typically purchased by investors (e.g., skyscrapers, office buildings) may give greater weight to the Income Approach. Buyers interested in purchasing single family residential property would rather compare price, in this case the Sales Comparison Approach (market analysis approach) would be more applicable. The third and final approach to value is the Cost Approach to value. The Cost Approach to value is most useful in determining insurable value, and cost to construct a new structure or building.

    For example, single apartment buildings of a given quality tend to sell at a particular price per apartment. In many of those cases, the sales comparison approach may be more applicable. On the other hand, a multiple-building apartment complex would usually be valued by the income approach, as that would follow how most buyers would value it. As another example, single-family houses are most commonly valued with greatest weighting to the sales comparison approach. However, if a single-family dwelling is in a neighborhood where all or most of the dwellings are rental units, then some variant of the income approach may be more useful. So the choice of valuation method can change depending upon the circumstances, even if the property being valued doesn’t change much.

    The cost approach
    The cost approach was once called the summation approach. The theory is that the value of a property can be estimated by summing the land value and the depreciated value of any improvements. The value of the improvements is often referred to by the abbreviation RCNLD (reproduction cost new less depreciation or replacement cost new less depreciation). Reproduction refers to reproducing an exact replica. Replacement cost refers to the cost of building a house or other improvement which has the same utility, but using modern design, workmanship and materials. In practice, appraisers almost always use replacement cost and then deduct a factor for any functional dis-utility associated with the age of the subject property. An exception to the general rule of using the replacement cost, is for some insurance value appraisals. In those cases, reproduction of the exact asset after the destructive event (fire, etc.) is the goal.
    In most instances when the cost approach is involved, the overall methodology is a hybrid of the cost and sales comparison approaches (representing both the suppliers’ costs and the prices that customers are seeking). For example, the replacement cost to construct a building can be determined by adding the labor, material, and other costs. On the other hand, land values and depreciation must be derived from an analysis of comparable sales data.
    The cost approach is considered most reliable when used on newer structures, but the method tends to become less reliable for older properties. The cost approach is often the only reliable approach when dealing with special use properties (e.g., public assembly, marinas).

    The sales comparison approach
    The sales comparison approach is based primarily on the principle of substitution. This approach assumes a prudent (or rational) individual will pay no more for a property than it would cost to purchase a comparable substitute property. The approach recognizes that a typical buyer will compare asking prices and seek to purchase the property that meets his or her wants and needs for the lowest cost. In developing the sales comparison approach, the appraiser attempts to interpret and measure the actions of parties involved in the marketplace, including buyers, sellers, and investors.
    Data collection methods and valuation process Data is collected on recent sales of properties similar to the subject being valued, called “comparables”. Only SOLD properties may be used in an appraisal and determination of a property’s value, as they represent amounts actually paid or agreed upon for properties. Sources of comparable data include real estate publications, public records, buyers, sellers, real estate brokers and/or agents, appraisers, and so on. Important details of each comparable sale are described in the appraisal report. Since comparable sales aren’t identical to the subject property, adjustments may be made for date of sale, location, style, amenities, square footage, site size, etc. The main idea is to simulate the price that would have been paid if each comparable sale were identical to the subject property. If the comparable is superior to the subject in a factor or aspect, then a downward adjustment is needed for that factor.[clarification needed] Likewise, if the comparable is inferior to the subject in an aspect, then an upward adjustment for that aspect is needed.[clarification needed] The adjustment is somewhat subjective and relies on the Appraiser’s training and experience. From the analysis of the group of adjusted sales prices of the comparable sales, the appraiser selects an indicator of value that is representative of the subject property. It is possible for various Appraisers to chose different indicator of value which ultimately will provide different property value.

    Steps in the sales comparison approach 1. Research the market to obtain information pertaining to sales, and pending sales that are similar to the subject property. 2. Investigate the market data to determine whether they are factually correct and accurate. 3. Determine relevant units of comparison (e.g., sales price per square foot), and develop a comparative analysis for each. 4. Compare the subject and comparable sales according to the elements of comparison and adjust as appropriate. 5. Reconcile the multiple value indications that result from the adjustment (upward or downward) of the comparable sales into a single value indication.
    The income capitalization approach
    Main article: Income approach
    The income capitalization approach (often referred to simply as the “income approach”) is used to value commercial and investment properties. Because it is intended to directly reflect or model the expectations and behaviors of typical market participants, this approach is generally considered the most applicable valuation technique for income-producing properties, where sufficient market data exists.
    In a commercial income-producing property this approach capitalizes an income stream into a value indication. This can be done using revenue multipliers or capitalization rates applied to a Net Operating Income (NOI). Usually, an NOI has been stabilized so as not to place too much weight on a very recent event. An example of this is an unleased building which, technically, has no NOI. A stabilized NOI would assume that the building is leased at a normal rate, and to usual occupancy levels. The Net Operating Income (NOI) is gross potential income (GPI), less vacancy and collection loss (= Effective Gross Income) less operating expenses (but excluding debt service, income taxes, and/or depreciation charges applied by accountants).
    Alternatively, multiple years of net operating income can be valued by a discounted cash flow analysis (DCF) model. The DCF model is widely used to value larger and more expensive income-producing properties, such as large office towers or major shopping centres. This technique applies market-supported yields (or discount rates) to projected future cash flows (such as annual income figures and typically a lump reversion from the eventual sale of the property) to arrive at a present value indication.

    Scope of work
    While USPAP has always required appraisers to identify the scope of work needed to produce credible results, it became clear in recent years that appraisers did not fully understand the process for developing this adequately. In formulating the scope of work for a credible appraisal, the concept of a limited versus complete appraisal and the use of the Departure Rule caused confusion to clients, appraisers, and appraisal reviewers. In order to deal with this, USPAP was updated in 2006 with what came to be known as the Scope of Work project.

    Following this, USPAP eliminated both the Departure Rule and the concept of a limited appraisal, and a new Scope of Work rule was created. In this, appraisers were to identify six key parts of the appraisal problem at the beginning of each assignment:
    • Client and other intended users
    • Intended use of the appraisal and appraisal report
    • Definition of value (e.g., market, foreclosure, investment)
    • Any hypothetical conditions or extraordinary assumptions
    • The effective date of the appraisal analysis
    • The salient features of the subject property
    Based on these factors, the appraiser must identify the scope of work needed, including the methodologies to be used, the extent of investigation, and the applicable approaches to value.

    Currently, minimum standards for scope of work are:
    • Expectations of the client and other users
    • The actions of the appraiser’s peers who carry out similar assignments
    The Scope of Work is the first step in any appraisal process. Without a strictly defined Scope of Work an appraisal’s conclusions may not be viable. By defining the Scope of Work, an appraiser can properly develop a value for a given property for the intended user, and for the intended use of the appraisal. The whole idea of “Scope of Work” is to provide clear expectations and guidelines for all parties as to what the appraisal report does, and doesn’t, cover; and how much work has gone into it.

    Highest and best use
    Main article: Highest and best use
    Highest and Best Use (HBU) is foundational to the appraisal process. It is a process to determine what use produces the highest value for the property. This exercise must usually be done twice: once, under the assumption that the property is vacant; and secondly, as the property is currently improved.

    There are four steps to the process. First, the appraiser determines all uses which are legally permissible for the property. Second, of the uses which are legally permissible, which ones are physically possible. Of those, which ones are financially feasible (sometimes referred to as economically supported).

    Of those uses which are feasible, which use is maximally productive for the site. The outcome of this process is the highest and best use for the site.

    A market value appraisal implicitly assumes that a buyer intends to use the property in its highest and best use. This use, therefore, drives the value equation.

    In more complex appraisal assignments (e.g., contract disputes, litigation, brownfield or contaminated property valuation), the determination of highest and best use may be much more complex, and may need to take into account the various intermediate or temporary uses of the site, the contamination remediation process, and the timing of various legal issues.[12]
    —————————————————————

    HISTORY
    The VAT was invented by a French economist in 1954. Maurice Lauré, joint director of the French tax authority, the Direction générale des impôts, as taxe sur la valeur ajoutée (TVA in French) was first to introduce VAT with effect from 10 April 1954 for large businesses, and extended over time to all business sectors. IN FRANCE, IT IS THE MOST IMPORTANT SOURCE OF STATE FINANCE, ACCOUNTING FOR APPROXIMATELY 45% OF STATE REVENUES.

     


  • AG Request on Instream Flow

    NOTICE OF REQUEST FOR ATTORNEY GENERAL’S OPINION  (complete text below)

     QUESTION(S):

    Does RCW 90.82.080 obligate the Department of Ecology to undertake rulemaking to amend an instream flow rule if a LOCAL PLANNING UNIT VOTES TO RECOMMEND AMENDMENTS TO AN EXISTING INSTREAM FLOW RULE? 

    Obligate,  by definition, bind or compel (someone), especially legally or morally.

    The full text of is below, RCW 98.82.080 INSTREAM FLOW COMPONENT –  RULES- REPORT

    —————————————————————————————————

    SECTION V – ROLES & RESPONSIBILITIES  THE CENTENNIAL ACCORD

    snippet 3.The Attorneys General of Washington State is elected by popular vote. As the chief attorney for the state, the Attorneys General advises the Governor and state agencies on legal matters, but operates independently of the Governor. Local County and City prosecutors operate independently of the Attorney General’s office.

    ——————————————————————————-

    This is my comment

    It’s not complicated, it’s just another WA State legal conundrum on ECOLOGY’S WATER RULES

    And, it appears to me, that the Attorney General is on a fishing expedition so he can advise the Governor and state agencies on legal matters (like lawsuits)

    ———————————————————————————————–

     THE WORDING IN RCW 90.82.080 IS CONFUSING.

     (it only address’s the “SHALL NOT BE” modified)

    THE QUESTION FROM THE ATTORNEY GENERAL  IS  ON “SHALL  BE” obligated, to be MODIFIED UNDER THIS CHAPTER.

    THE INSTREAMFLOW, ON THE SKAGIT and DUNGENESS RIVERS, HAS ALREADY BEEN ADOPTED BY RULE.

     IS THE  The AG’s question POINTLESS? …  UNTIL WHEN? SOME  LOCAL GOVERNMENTS AND TRIBES ON THE PLANNING UNIT by a recorded unanimous vote “REQUEST” the department TO MODIFY THOSE FLOWS, the minimum instream flows

    Then legal question then  becomes,

    Does the DOE have the legal authority UNDER THE CENTENNIAL ACCORD GOVERNMENT-TO-GOVERNMENT POLICY, to “DENY THE REQUEST” of THE LOCAL GOVERNMENTS AND TRIBES ON THE PLANNING UNIT, TO MODIFY THOSE FLOWS?

    IF THE  DOE is “NOT” legally AUTHORIZED,UNDER THE CENTENNIAL ACCORD GOVERNMENT-TO-GOVERNMENT POLICY,  to “DENY THE REQUEST” of THE LOCAL GOVERNMENTS AND TRIBES ON THE PLANNING UNIT.

    Then, yes, under the terms and conditions of RCW 90.82.080 DOE  should be obligated to conduct rulemaking to address the vote.

     And, the DOE is obligated to conduct rulemaking to address the vote.

      ——————————————————————————————-

      ” IF” the members of LOCAL GOVERNMENTS AND TRIBES REQUEST THE PLANNING UNIT to modify instream flows and unanimous approval of the decision to modify such flow IS  ACHIEVED, THEN THE INSTREAM FLOWS SHALL BE MODIFIED UNDER THIS SECTION;

    THE is DOE obligate to conduct rulemaking to address the vote.

     ———————————————————————-

    The legal question is still,

    Does the DOE have the legal authority UNDER THE CENTENNIAL ACCORD GOVERNMENT-TO-GOVERNMENT POLICY, to “DENY THE REQUEST” of THE LOCAL GOVERNMENTS AND TRIBES ON THE PLANNING UNIT, TO MODIFY THOSE FLOWS?

     IF THE  DOE is “NOT” legally AUTHORIZED UNDER THE CENTENNIAL ACCORD GOVERNMENT-TO-GOVERNMENT POLICY,  to “DENY THE REQUEST” of THE LOCAL GOVERNMENTS AND TRIBES ON THE PLANNING UNIT.

     Then, yes, under the terms and conditions of RCW 90.82.080 DOE  should be obligated to conduct rulemaking to address the vote.

     And, the DOE is obligated to conduct rulemaking to address the vote.

    ——————————————————————————————-

     IF THE  DOE is “NOT” legally AUTHORIZED  to “DENY THE REQUEST” ?

     WHO IS LEGALLY AUTHORIZED AND BOUND  UNDER THE CENTENNIAL ACCORD GOVERNMENT-TO-GOVERNMENT POLICY,  TO DENY THE TRIBAL REQUEST?

    Washington State/Tribal Government-to-Government Implementation Guidelines

    SECTION V – ROLES & RESPONSIBILITIES,  snippet

    2. State Agency Directors: THE CENTENNIAL ACCORD calls for each state agency to develop a plan to implement the government-to-government policy. “Each agency will establish a documented plan of accountability and may establish more detailed implementation procedures in subsequent agreements between tribes and the particular agency.” Some agency directors report directly to the Governor’s office, while some report to an appointed board or commission.

    3. Attorneys General Office: The Attorneys General of Washington State is elected by popular vote. As the chief attorney for the state, the Attorneys General advises the Governor and state agencies on legal matters, but operates independently of the Governor. Local County and City prosecutors operate independently of the Attorney General’s office.

     ———————————————————————————————-

    complete text of


     NOTICE OF REQUEST FOR ATTORNEY GENERAL’S OPINION

    QUESTION(S):

    Does RCW 90.82.080 obligate the Department of Ecology to undertake rulemaking to amend an instream flow rule if a LOCAL PLANNING UNIT VOTES TO RECOMMEND AMENDMENTS TO AN EXISTING INSTREAM FLOW RULE? 


                                       WASHINGTON ATTORNEY GENERAL

    The Washington Attorney General issues formal published opinions in response to requests by the heads of state agencies, state legislators, and county prosecuting attorneys.  When it appears that individuals outside the Attorney General’s Office have information or expertise that will assist in the preparation of a particular opinion, a summary of that opinion request will be published in the state register.  If you are interested in commenting on this opinion request, you should notify the Attorney General’s Office of your interest by March 11, 2015.  This is not the due date by which comments must be received.  However, if you do not notify the Attorney General’s Office of your interest in commenting on this opinion request by this date, the opinion may be issued before your comments have been received.  You may notify the Attorney General’s Office of your intention to comment by e-mail to jeff.even@atg.wa.gov or by writing to the Office of the Attorney General, Solicitor General Division, Attention Jeff Even, Deputy Solicitor General, PO Box 40100, Olympia, Washington 98504-0100.  When you notify the office of your intention to comment, you may be provided with a copy of the opinion request in which you are interested, information about the Attorney General’s Opinion process, information on how to submit your comments, and a due date by which your comments must be received to ensure that they are fully considered.

    The Attorney General’s Office seeks public input on the following opinion request(s):

                                                      Opinion Docket No. 15-02-03-Ericksen 

    Request by Doug Ericksen, Senator, District 42

    QUESTION(S):

    Does RCW 90.82.080 obligate the Department of Ecology to undertake rulemaking to amend an instream flow rule if a local planning unit votes to recommend amendments to an existing instream flow rule? 

    ——————————————————————————————————-

    COMPLETE TEXT OF RCW 98.82.080

    INSTREAM FLOW COMPONENT –  RULES- REPORT

    (1)(a) If the initiating governments choose, by majority vote, to include an instream flow component, it shall be accomplished in the following manner:

    THE HAVE BEEN ADOPTED BY RULE

    (i) If minimum instream flows HAVE ALREADY BEEN ADOPTED BY RULE for a stream within the management area,

    “UNLESS” the members of the LOCAL GOVERNMENTS AND TRIBES ON THE PLANNING UNIT by a recorded unanimous vote REQUEST the department TO MODIFY THOSE FLOWS, the minimum instream flows

    SHALL NOT BE MODIFIED UNDER THIS CHAPTER.

    ” IF” the members of LOCAL GOVERNMENTS AND TRIBES REQUEST THE PLANNING UNIT to modify instream flows

    and unanimous approval of the decision to modify such flow IS NOT ACHIEVED, THEN THE INSTREAM FLOWS

    SHALL NOT BE MODIFIED UNDER THIS SECTION;

    —————————————————————————–

    THIS SECTION OF RCW 90.82.080 DOES NOT APPLY TO THE  NOTICE OF REQUEST FOR ATTORNEY GENERAL’S OPINION

    QUESTION(S):

    Does RCW 90.82.080 obligate the Department of Ecology to undertake rulemaking to amend an instream flow rule if a LOCAL PLANNING UNIT VOTES TO RECOMMEND AMENDMENTS TO AN EXISTING INSTREAM FLOW RULE? 

    (But it is VERY interesting read)

    THE HAVE NOT BEEN ADOPTED BY minimum streamflows RULE

    (ii) If minimum streamflows HAVE NOT been adopted by rule for a stream within the management area, setting the minimum instream flows

    SHALL BE A COLLABORATIVE EFFORT BETWEEN THE DEPARTMENT AND MEMBERS OF THE PLANNING UNIT.

    The department must attempt to achieve consensus and approval among the members of the planning unit regarding the minimum flows to be adopted by the department.

    APPROVAL IS ACHIEVED IF ALL GOVERNMENT MEMBERS AND TRIBES THAT HAVE BEEN INVITED AND ACCEPTED on the planning unit present for a recorded vote UNANIMOUSLY VOTE TO SUPPORT THE PROPOSED MINIMUM INSTREAM FLOWS,

    AND

     ALL NONGOVERNMENTAL MEMBERS OF THE PLANNING UNIT PRESENT FOR THE RECORDED VOTE, “BY A MAJORITY”, VOTE TO SUPPORT THE PROPOSED MINIMUM INSTREAM FLOWS.

    (b) The department shall undertake rule making to adopt flows under (a) of this subsection. The department MAY adopt the rules either by the regular rules adoption process provided in chapter 34.05 RCW, the expedited rules adoption process as set forth in RCW 34.05.353,

    OR THROUGH A RULES ADOPTION PROCESS THAT USES PUBLIC HEARINGS AND NOTICE PROVIDED BY THE COUNTY LEGISLATIVE AUTHORITY TO THE GREATEST EXTENT POSSIBLE.

     Such rules do not constitute significant legislative rules as defined in RCW 34.05.328,

    and do not require the preparation of small business economic impact statements.

    (c) If approval is not achieved within four years of the date the planning unit first receives funds from the department for conducting watershed assessments under RCW 90.82.040,

    the department may promptly initiate rule making under chapter 34.05 RCW to establish flows for those streams and shall have two additional years to establish the instream flows for those streams for which approval is not achieved.

    (2)(a) Notwithstanding RCW 90.03.345, minimum instream flows set under this section for rivers or streams that do not have existing minimum instream flow levels set by rule of the department shall have a priority date of two years after funding is first received from the department under RCW 90.82.040, unless determined otherwise by a unanimous vote of the members of the planning unit but in no instance may it be later than the effective date of the rule adopting such flow.

    (b) Any increase to an existing minimum instream flow set by rule of the department shall have a priority date of two years after funding is first received for planning in the WRIA or multi-WRIA area from the department under RCW 90.82.040 and the priority date of the portion of the minimum instream flow previously established by rule shall retain its priority date as established under RCW 90.03.345.

    (c) Any existing minimum instream flow set by rule of the department that is reduced shall retain its original date of priority as established by RCW 90.03.345 for the revised amount of the minimum instream flow level.

    (3) Before setting minimum instream flows under this section, the department shall engage in government-to-government consultation with affected tribes in the management area regarding the setting of such flows.

    (4) Nothing in this chapter either: (a) Affects the department’s authority to establish flow requirements or other conditions under RCW 90.48.260 or the federal clean water act (33 U.S.C. Sec. 1251 et seq.) for the licensing or relicensing of a hydroelectric power project under the federal power act (16 U.S.C. Sec. 791 et seq.); or (b) affects or impairs existing instream flow requirements and other conditions in a current license for a hydroelectric power project licensed under the federal power act.

    (5) If the planning unit is unable to obtain unanimity under subsection (1) of this section, the department MAY adopt rules setting such flows.

    (6) The department shall report annually to the appropriate legislative standing committees on the progress of instream flows being set under this chapter, as well as progress toward setting instream flows in those watersheds not being planned under this chapter. The report shall be made by December 1, 2003, and by December 1st of each subsequent year.

    [2003 1st sp.s. c 4 § 4; 1998 c 247 § 4.]

    Notes:

         Findings — 2003 1st sp.s. c 4: See note following RCW 90.82.040.

     


  • High, Dry and Destitute

    High,  Dry and Destitute

    WA State citizens, private property owners and farmers, in Skagit and Clallam County have been left HIGH, DRY AND DESTITUTE by WA State DOE WATER RULES.

    DESTITUTE  by definition, WITHOUT THE BASIC NECESSITIES OF LIFE.

    Our Elected Representative “MUST” Legalize Citizen’s Water Rights.

    Water, is our lifeblood. It is used to grow food and to grow cities. It provides power to run our homes, factories, and businesses.

    PLEASE FORWARD TO ALL WA STATE ENTITIES CONCERNED WITH CITIZENS WATER RIGHTS

    Our WA State elected legislators need to hear how Ecology’s Destitute/Destitution is impacting your life, liberty and pursuit of happiness, in the United States of America.

    DESTITUTE,  by definition, WITHOUT THE BASIC NECESSITIES OF LIFE.

    DESTITUTION, by definition poverty so extreme that one lacks the means to provide for oneself.

    ——————————————————————————-

    Our Elected Representative MUST Legalize Citizen’s Water Rights,

    OR, THEY SHALL  leave our DESTITUTE  private property owners, citizens, no choice, but to continue to “duke it out”  in court with EXPENSIVE CITIZEN FUNDED LAWSUITS against the WA State DOE.

    If you have not signed the petition requesting the Washington State Legislature to provide the Skagit Watershed with water, please do!  They are seeing the signatures and reading your comments.

     —– Original Message —–

    From: Zachary Barborinas

    The Department of Ecology is tasked to regulate water for ALL citizens of the state and they have not done their job. Rural farmers and landowners need legislative action to reinstate basic legal access to water to ease the economic hardships and uncertainty before them because of this unconstitutional action. 

    For those of you unable to make it, please provide comments for the Legislature so they see these bills are supported.  They need to hear about how this is impacting you!

    ——————————————————————————————–

    Ecology’s Skagit and Dungeness Water Rule

    They need to hear about how this is impacting you!

    WA State Legislated Intent?

    Posted on March 21, 2013 1:02 pm by Pearl Rains Hewett Comment

    ——————————————————————–

    An introduction to a series by Pearl Rains Hewett
    Deprived Of Our Water

    Posted on February 13, 2013 12:35 pm by Pearl Rains Hewett Comment

    DEPRIVED OF OUR WATER RIGHTS AND OUR RIGHT TO WATER

    An introduction to a series by Pearl Rains Hewett
    “behindmyback.org” – CLOUDED WATERS

    DEPRIVED OF OUR WATER
    BY THE APPOINTED FEDERAL – STATE AGENCIES – TRIBAL TREATY -TAPPED
    This series of on the taking and depravation of our water rights will report, document and expose the many ways we the people are being deprived not only of our water right, but to our right to water.

    —————————————————————-

    WA STATE DEPT OF ECOLOGY (DOE)
    It will examine and document the many parts that appointed State agencies, the WA State DOE specifically plays in the deprivation of our water private and riparian rights in Counties in WA State. It will question both the DUE PROCESS of LAW and competency of the WA State DOE in creating and imposing and the WA Rules in WA State. The topics of DOE coerced monopoly and Commodity trading will also be discussed

    THE DUNGENESS WATER RULE
    Any and all OTHER related documented information that fit under this category and have previously been posted on “behindmyback.org”

    PUBLIC COMMENT
    It will address the documents the nearly 1000 public comments sent to the WA State DOE on the Dungeness Water Rule from the people of Clallam County and the mote effective that those comments had on the decision of the DOE Appointed State Agency. Why did we bother with nearly 1000 comments? When all we got back was 525 pages of response from DOE and no change in The Dungeness Water Rule.

    —————————————————————————-

    Behind My Back | “Ecology Sucks”

    www.behindmyback.org/2013/04/15/ecologysucks/

    Apr 15, 2013 – “Ecology Sucks” And, the rest of the story. The local news papers did report that I said it. WHAT THE LOCAL NEWSPAPERS DID NOT REPORT …

    —————————————————————————————-

    —– Original Message —–

    From: Zachary Barborinas

    There is a long road ahead, but only our continued pressure will get us closer to a solution

    Furthermore, if you have not signed the petition requesting the Washington State Legislature to provide the Skagit Watershed with water, please do!  They are seeing the signatures and reading your comments.

    SB 5129 – Concerning overriding considerations of the public interest in management of the waters of the state.

    SB 5135 – Ensuring that certain existing water uses are not subject to interruption.

    SB 5136 – Repealing an instream flow rule and adopting a new instream flow rule.

    SB 5491 – Maintaining reservations of water for certain future uses.

    Petitioning Washington State House and 15 others

    This petition will be delivered to:

    Washington State House

    Washington State Senate

    Washington Governor

    District 40

    Senator Kevin Ranker

    District 40

    Rep. Kristine Lytton

    District 40

    Rep. Jeff Morris

    District 10

    Senator Barbara Bailey

    District 10

    Rep. Norma Smith

    District 10

    Rep. Dave Hayes

    District 39

    Senator Kirk Pearson

    District 39

    Rep. Dan Kristiansen

    District 39

    Rep. Elizabeth Scott

    District 42

    Senator Doug Ericksen

    District 42

    Rep. Jason Overstreet

    District 42

    Rep. Vincent Buys

    Governor Inslee’s Chief of Staff

    Joby Shimonmura

    Washington State Legislature: Provide Water for Rural Landowners in Skagit Watershed

    Zachary Barborinas

    United States

    Legal access to well water has been eliminated for rural farmers and landowners in the Skagit River Basin, the 3rd largest watershed on the West Coast. A result so unbalanced and scientifically unsupported amongst our abundant resources, it has left over 6,000 landowners without any legal source of water, including 475 homes already built and occupied. The Department of Ecology is tasked to regulate water for ALL citizens of the state and they have not done their job. Rural farmers and landowners need legislative action to reinstate basic legal access to water to ease the economic hardships and uncertainty before them because of this unconstitutional action.

    Please help support rural farmers and landowners by signing this petition. You will be asking Washington state legislators to legislatively amend the 2001 Instream Flow Rule to provide water to 6,000 rural citizens in the Skagit Watershed.

    —– Original Message —–

    From: Zachary Barborinas

    To: Skagit Watershed

    Sent: Friday, January 30, 2015 11:45 AM

    Subject: Senate Hearing for Skagit Watershed

    Yesterday’s Senate hearing provided a tremendous opportunity to see support from many different perspectives. Thank you to everyone that were able to make it to Olympia. There is a long road ahead, but only our continued pressure will get us closer to a solution. For those of you unable to make it, please provide comments for the Legislature so they see these bills are supported.  They need to hear about how this is impacting you!

    1. SB 5129 – Concerning overriding considerations of the public interest in management of the waters of the state.
    2. SB 5131 – Concerning the Skagit instream flow rule.
    3. SB 5407 – Concerning existing lots and the Skagit instream flow rule.
    4. SB 5134 – Concerning base flows and minimum instream flows.
    5. SB 5135 – Ensuring that certain existing water uses are not subject to interruption.
    6. SB 5136 – Repealing an instream flow rule and adopting a new instream flow rule.
    7. SB 5491 – Maintaining reservations of water for certain future uses.

     

    Furthermore, if you have not signed the petition requesting the Washington State Legislature to provide the Skagit Watershed with water, please do!  They are seeing the signatures and reading your comments.

    Have a good weekend!  Go Hawks!

    Regards,

    Zachary J. Barborinas

    Just Water Alliance

    www.justwateralliance.org