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  • Category Archives The Nuts and the Boldt of it
  • WA DOE Rules Recreational Use of Water?

    TO PROTECT SURFACE WATER CONTACT BY RECREATIONAL USERS?

    —– Original Message —–

    From: Ballard, Laura (ECY)

    To: ECOLOGY-WAC-TRACK@LISTSERV.WA.GOV

    Sent: Monday, August 21, 2017 3:51 PM

    Subject: The following rule pre-proposal was filed with the Office of the Code Reviser: Chapter 173-201A WAC- Recreational Use Criteria

    WHAT ARE THE CURRENT SURFACE WATER CONTACT RECREATIONAL USES?

    Find Designated Uses for Waters of the State

    Aquatic Life Uses (see WAC 173-201A-200)(1):

     

    Recreational Uses: (see WAC 173-201A-200)(2))

    Extraordinary Primary Cont.

    Extraordinary quality primary contact waters. Waters providing extraordinary protection against waterborne disease or that serve as tributaries to extraordinary quality shellfish harvesting areas.

    Primary Cont.

    Primary contact recreation.

    Secondary Cont.

    Secondary contact recreation.

     

    Designated uses have sometimes been called “BENEFICIAL USES” and include public water supply, protection for fish, shellfish, and wildlife,

    AS WELL AS RECREATIONAL

    Miscellaneous Uses: (see WAC 173-201A-200)(4))

    Wildlife Habitat

    Wildlife habitat.

    Harvesting

    Fish harvesting.

    Commerce/Navigation

    Commerce and navigation.

    Boating

    Boating.

    Aesthetics

    Aesthetic values.

     

    ——————————————————————

    Find Designated Uses for Waters of the State

    SHALL WE HAVE A CONFLICT OF INTEREST BETWEEN THE LAW AND THE DOE RULE?

    (RCW 90.58.020) Shoreline Master Programs (SMPs)

    There are three basic policy areas to the Act: shoreline use, environmental protection and public access. The Act emphasizes accommodation of appropriate uses that require a shoreline location, protection of shoreline environmental resources and protection of the public’s right to access and use the shorelines

    Public access: Master programs must include a public access element making provisions for public access to publicly owned areas, and a recreational element for the preservation and enlargement of recreational opportunities.

    The overarching policy is that “the public’s opportunity to enjoy the physical and aesthetic qualities of natural shorelines of the state shall be preserved to the greatest extent feasible consistent with the overall best interest of the state and the people generally. “Alterations of the natural conditions of the shorelines of the state, in those limited instances when authorized, shall be given priority for…development that will provide an opportunity for substantial numbers of people to enjoy the shorelines of the state.”

    SHALL WE THE CITIZENS BE ALLOWED TO WALK ON THE SHORELINE BUT NOT TAKE RECREATION  IN THE WATER?

    —————————————————————————-

    CONTINUED….

    Designated uses have sometimes been called “BENEFICIAL USES” and include public water supply, protection for fish, shellfish, and wildlife,

    AS WELL AS RECREATIONAL

    agricultural, industrial, navigational and aesthetic purposes. Water quality criteria designed to protect the designated uses and are used to assess the general health of Washington surface waters and set permit limits. Marine and fresh waters have designated uses assigned in a “use-based” format, where individual waterbodies are assigned individual uses.

    To find the designated uses for marine waterbodies refer to WAC 173-201A-610 and 612. For marine aquatic life uses see map (PDF). For marine criteria refer to WAC 173-201A-210, 240, and 260.

    Finding designated uses and criteria for rivers and streams is slightly more complex because of the large number of salmonid species and their complex freshwater spawning cycles.

    To find the designated use(s) for rivers and streams refer to WAC 173-201A-600 and 602 (Table 602) of the water quality standards.

    Table 602 is an extensive listing of waterbodies and the uses assigned to those waterbodies. Section 600 outlines default uses for those waterbodies not specifically named in Table 602.

     

    Chapter 246-260 WAC: WATER RECREATION FACILITIES

    apps.leg.wa.gov › WACs › Title 246

    Mar 27, 2014 – Special design and construction provisions for hotels and motels (transient accommodations) serving fewer than fifteen living units and for spas …

    ————————————————————————————

    The Department of Ecology plans to amend Chapter 173-201A WAC, Water Quality Standards for Surface Waters of the State of Washington.

    This rulemaking will:

    • Include new indicators and numeric criteria TO PROTECT WATER CONTACT RECREATIONAL USES in sections 200(2) and 210(3).
    • REVIEW CURRENT WATER CONTACT RECREATIONAL USE categories and modify sections 600 and 610 if necessary.
    • Improve the location information in use designation tables listed in this chapter – Table 602, USE DESIGNATIONS FOR FRESH WATERS AND Table 612, USE DESIGNATIONS FOR MARINE WATERS

     

    —– Original Message —–

    From: Ballard, Laura (ECY)

    To: ECOLOGY-WAC-TRACK@LISTSERV.WA.GOV

    Sent: Monday, August 21, 2017 3:51 PM

    Subject: The following rule pre-proposal was filed with the Office of the Code Reviser: Chapter 173-201A WAC- Recreational Use Criteria

    The following rule pre-proposal was filed with the Office of the Code Reviser:

    August 16th, 2017

    Chapter 173-201A WAC: Recreational Use Criteria

    For more information:

    http://www.ecy.wa.gov/programs/wq/ruledev/wac173201A/1607/1607timedocs.html

    To join or leave ECOLOGY-WAC-TRACK click here:

    http://listserv.wa.gov/cgi-bin/wa?A0=ECOLOGY-WAC-TRACK

    Thank you for using WAC Track.

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    Laws & Rules > Open Rulemaking > Chapter 173-201A Recreational Use Criteria

    Chapter 173-201A WAC
    Recreational Use Criteria

     

    Español (Spanish) > Tiếng Việt (Vietnamese) > 한국어 (Korean)

    The Department of Ecology plans to amend Chapter 173-201A WAC, Water Quality Standards for Surface Waters of the State of Washington.

    This rulemaking will:

    • Include new indicators and numeric criteria to protect water contact recreational uses in sections 200(2) and 210(3).
    • Review current water contact recreational use categories and modify sections 600 and 610 if necessary.
    • Improve the location information in use designation tables listed in this chapter – Table 602, Use designations for fresh waters and Table 612, Use designations for marine waters.

    Timeline and Documents

     

    Date (date subject to change)

    Activity

    August 16, 2017

    Announcement Phase (CR-101)
    Announcement documents
    Read the CR-101

    August 16, 2017 – Spring 2018

    Rule Development Phase
    Develop and prepare the rule language, regulatory analyses documents, SEPA documents, and other information.

    Spring 2018

    Rule Proposal Phase (CR -102)
    Proposal documents available upon filing.

    Spring 2018

    Hold public hearing comment period.

    Spring – Fall 2018

    Review public comments and prepare adoption packet.

    Fall 2018

    Rule Adoption Phase (CR-103)
    Documents available upon filing.

    Fall 2018

    Rule effective (usually 31 days after filing)

    Accessibility (ADA) – For documents in alternate format, call 360-407-6600, 711 (relay service), or 877-833-6341 (TTY). Also see Ecology’s ADA Accessibility page.

    ADDITIONAL RULE INFORMATION

    CONTACT

    Bryson Finch
    360-407-7158
    bryson.finch@ecy.wa.gov

    STAY INFORMED

    Subscribe to the
    E-mail ListServ to receive updates

    RELATED LINKS

     

    Feedback?

     

    To find the designated use(s) for rivers and streams refer to WAC 173-201A-600 and 602 (Table 602) of the water quality standards. Table 602 is an extensive listing of waterbodies and the uses assigned to those waterbodies. Section 600 outlines default uses for those waterbodies not specifically named in Table 602.

    Publication Summary Table  602.

    Title

    Water Quality Standards for Surface Waters of the State of Washington, Chapter 173-201A WAC

    Publication number

    Date Published

    Date Revised

    06-10-091

    December 2006

    March 2017

    VIEW NOW:

    Acrobat PDF format (Number of pages: 142) (Publication Size: 1956KB)

    Trouble viewing?

    ·         Get the latest Adobe Reader

    ·         Microsoft Word Viewer.

    ·         Microsoft Excel Viewer.

    Author(s)

    Water Quality Program

    Description

    This updated version of publication #06-10-091 incorporates rule language adopted by Ecology on August 1, 2016.

    REQUEST A COPY

    The mission of the Department of Ecology is to protect, preserve, and enhance Washington’s environment. To help us meet that goal, please consider the environment before you print or request a copy.

    Accessibility Options
    Persons with hearing loss can call 711 for Washington Relay Service
    Persons with a speech disability can call 877-833-6341

    ·         Water Quality Order Form

    Contact

    Becca Conklin at 360-407-6413 or swqs@ecy.wa.gov

    Keywords

    rule, surface water, standards, quality, water quality standards

    WEB PAGE

    Surface Water Quality Standards

    RELATED PUBLICATIONS

    Title:

    Water Quality Standards For Surface Waters Of The State Of Washington

    Waters Requiring Supplemental Spawning and Incubation Protection for Salmonid Species

     


  • The Federal Fault of Land Grabbing

    GIVE US BACK OUR STATE LAND

    LET OUR PEOPLE GROW and farm, and sow,, and reap, and ranch, and mow, and harvest, and log, and mill, and mine, and build, and manufacture, and create jobs.

    It is our heritage, it is who we are and what we do, it is our way of life, it is our source of employment and income, it provides our shelter, the roof over our heads, food on our tables and heat from our hearth, indeed it has been  the  lot of our lives for many generations of American  families.

    We are American citizens. We had sovereign enabling state land. We were and are public and private property owners. We the people were and are the best stewards and caretakers of our state and private land.

    So we saw that there is nothing better for a person than to enjoy their work, because that is their lot That each of them may eat and drink, and find satisfaction in all their toil. We know that there is nothing better for people than to be happy and to do good while they live

    —————————————————————————————-

    February 26, 2016 Toni Webb is a candidate for Commissioner of Josephine County, Oregon

    THIS IS SNIPPET OF HER STORY… Oregon candidate exposes social, economic catastrophe caused by federal control in Josephine County

    TO: Candidates running for President of the United States

    This letter is to inform you of the struggles faced by the people of Josephine County, Oregon, due to ongoing problems with the federal government’s control of our public land, including our once-productive forests. Bad policies and misguided management by federal agencies such as the Environmental Protection Agency, U.S. Forest Service and the Bureau of Land Management, have left our rural county economically and socially devastated.

    —————————————————————————————-

    How can  the American people prosper and gain from their toil?

    When Obama’s executive orders, his anointed appointed and  non-government agencies including appointed judges, use every trick in the book, by hook or by crook to grab, control, restrict, regulate and prohibit  all private and state public land use?

    How can  the American people prosper and gain from their toil?

    START HERE

    American Lands Council – A Constitutional Means To Financial …

    www.freedomworks.org/…/americanlandscouncil-consti…

    FreedomWorks

    Nov 29, 2013 – Federal Lands Map The American Lands Council recently came to Oregon to discuss the dichotomy … There is a Federal Fault Line between states that had their lands granted to them after statehood and those that didn’t;.

    States that had their lands granted to them after statehood?

    —————————————————————–

    Read this…

    The ENABLING ACT February 22, 1889

    Posted on March 9, 2014 11:10 am by Pearl Rains Hewett Comment

    Way back then, the Federal Government  and the elected representative gave to and enabled American citizens,  they made  donations of public lands to such states.

    Moving forward 125 years, “We the People” of Washington State (the Western United States), are in a battle with the Federal  and state Governments  and our elected representative struggling to preserve, protect,  maintain the use of,  intent and purpose of the  public lands that were given to us in TRUST.

    —————————————————————————————–

    How can the American people prosper and gain from their toil?

    JUST GIVE US BACK OUR STATE LAND?

    IF ONLY IT WAS THAT EASY….. REMEMBER THIS PART?

    Obama’s  executive orders, his executive land grabs, his federally anointed appointed and  NON-GOVERNMENT agencies including appointed judges, use every trick in the book, by hook or by crook to grab, control, restrict, regulate and prohibit all private and state public land use?

    Executive Orders Matter

    Posted on October 5, 2015 6:22 am by Pearl Rains Hewett Comment
    EXECUTIVE ORDER 13514, CLIMATE CHANGE Federal Leadership in Environmental, Energy, and Economic Performance, establishes an integrated strategy for sustainability within the Federal Government. Under the Executive Order, each agency is required to evaluate their climate change risks and vulnerabilities to manage the effects of climate

    ——————————————-
    CLIMATE CHANGE: OBAMA EXECUTIVE ORDER 13514
    Things that matter TRUTH AND POLITICS
    IT’S AS EASY AS ONE, TWO THREE…
    (1) FEDERAL Planning Steps Set a Mandate
    The Obama administration estimated the emissions limits will cost $8.4 billion annually by 2030.
    OBAMA’S RULE ASSIGNS CUSTOMIZED TARGETS TO EACH STATE
    “CLIMATE CHANGE WILL NOT BE SOLVED BY GRABBING POWER FROM STATES or slowly hollowing out our economy,” Bush said.
    ———————————————————————————-
    (2) STATE Planning Steps Set a Mandate
    THE ACTUAL PRICE WON’T BE CLEAR UNTIL STATES DECIDE HOW THEY’LL REACH THEIR TARGETS THEN LEAVES IT UP TO THE STATE TO DETERMINE HOW TO MEET THEM.
    IF STATES REFUSE TO SUBMIT PLANS, THE EPA HAS THE AUTHORITY TO IMPOSE ITS OWN PLAN

    (3) 2015 COUNTY Planning Steps Set a Mandate

    ———————————————————————————-

    BLM Bureau of Land Mismanagement

    Posted on February 29, 2016 9:33 am by Pearl Rains Hewett Comment

    February 26, 2016 Toni Webb’s  story is here… OREGON CANDIDATE EXPOSES SOCIAL, ECONOMIC CATASTROPHE CAUSED BY FEDERAL CONTROL IN JOSEPHINE COUNTY

    Liz and I both saw this … As the history of our three counties in three different states. Washington State, Oregon and Calif. Liz Bowen is from Siskiyou County, Calif. Pie N Politics Pearl Rains Hewett is from Clallam County WA

    I hope that you, as candidates for President of the United States, will seriously consider why the effort to transfer the ownership and control of public lands back to western states, like Oregon, IS SO CRITICAL TO OUR SURVIVAL.

    Dept. of Interior Deterioration

    Posted on May 4, 2014 10:32 am by Pearl Rains Hewett Comment

    —————————————————————-

    Our Public Land Heritage: From the GLO to the BLM

    The document is only 27 pages of how the federal government turned
    The GLOW of the Act Establishing Yellowstone National Park (1872) – Our ..

    AS A PUBLIC PARK OR PLEASURING GROUND FOR THE BENEFIT AND ENJOYMENT OF THE PEOPLE. INTO A OBAMA’S PERSONAL AGENDA. grabbing of our public land for conservation and protection under federal lands.

    —————————————–

    SHALL I GO ON….

    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 …

    Calif. Farmers High Dry and Destitute

    Posted on February 29, 2016 8:52 pm by Pearl Rains Hewett Comment

    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.

    ——————————————————————

    Behind My Back | WOTUS “Water Runs Down Hill”

    www.behindmyback.org/2015/09/04/wotus-water-runs-down-hill/

    Sep 4, 2015 – WOTUS rule – Pacific Legal Foundation https://www.pacificlegal.org/wotus. Pacific Legal Foundation PLF Principal Attorney M. Reed Hopper, …

    ————————————————————————————-

      Category Archives Public Access to Public land

      WOW Stop the 2016 WILD OLYMPICS

    Posted on April 23, 2016 8:08 am by Pearl Rains Hewett

     

    ENUF… ONE LAST QUESTION

    Behind My Back | Are You A Normal Person?

    www.behindmyback.org/2015/05/18/are-you-a-normalperson/

    May 18, 2015 – If you‘re a normal person, you‘d answer “yes, people usually are more important … www.behindmyback.org/2015/02/01/high–dry-and-destitute/.


  • Water for Fish vs. Water for People?

    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

    WA  STATE LAW IS CLEAR THAT INSTREAM FLOWS  “MUST” BE SET AT LEVELS THAT PROTECT AND PRESERVE FISH

    ————————————————————————-

    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 is an instream flow? Answer…

    Why are stream flows important? Answer…

    What is an “instream flow rule”? Answer…

    Are there instream flows set in my watershed? Answer…

    How could setting instream flows affect me? Answer…

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

    How are instream flow numbers determined? Answer…

    Why are instream flows sometimes higher than the flow in the stream? Answer…

    Why not set flow levels lower than the existing flows in the stream? Answer…

    What are the laws that allow Ecology to set flows by rule? Answer…

    ——————————————————————————————–

    GOT QUESTIONS?  ECOLOGY’S GOT ALL THE BASIC ANSWERS

    Introduction to Instream Flows and Instream Flow Rules …

    www.ecy.wa.gov › Water Resources › Instream Flows In Washington

    This web page answers basic questions about instream flows and instream flow rules.

    Introduction to Instream Flows and Instream Flow Rules

    This web page answers basic questions about instream flows and instream flow rules.

    What is an instream flow? Answer…

    Why are stream flows important? Answer…

    What is an “instream flow rule”? Answer…

    Are there instream flows set in my watershed? Answer…

    How could setting instream flows affect me? Answer…

    ————————————————————————————

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

    Answer…

    Washington state law requires that instream resources, including fish, have adequate flow levels to protect and preserve them.

    When setting flows, a lot of discussion centers around fish needs because fish are considered an “indicator species” – setting instream flow levels adequate for fish generally provides flows adequate for other instream resources. And fish needs can be more easily quantified by existing methods than other instream values.  This is why fish studies are usually the basis for determining instream flow numbers.

    Adequate stream flows are important for instream resources and values that directly impact people, including water quality, recreational activities like fishing, boating and swimming, and the scenic and aesthetic qualities of natural settings that Washington State is famous for. (Also see the question Why are stream flows important?)

    When making decisions about water right permits, it is necessary to know how much is needed and how much is available.  Adopting instream flow rules help Ecology determine whether there is enough water for additional out-of-stream uses and support local communities in managing their current and future water needs.

    —————————————————————————————

    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

    Welcome to the Instream Flow Council (link as provided above by ecology)

    The Instream Flow Council (IFC) is a NON-PROFIT organization made up of state, provincial, and territorial fish and wildlife agencies working to improve the effectiveness of instream flow programs and activities for conserving fish and wildlife and related aquatic resources.

    —————————————————————————————–

    How are instream flow numbers determined? Answer…

    ——————————————————-

    Why are instream flows sometimes higher than the flow in the stream?

    Answer…

    While the amount of water in the stream is considered when determining instream flow numbers, they cannot be based solely on existing levels (see next question).

    STATE LAW IS CLEAR THAT INSTREAM FLOWS MUST BE SET AT LEVELS THAT PROTECT AND PRESERVE FISH and instream resources over the long-term.  The instream flows reflect levels that would be beneficial for fish if those flows were present in the stream.

    Actual stream flow levels naturally vary throughout the year due to seasonal changes and water use.  So the differences between the actual stream flows and instream flows will also vary throughout the year.

    If the instream flow number is high relative to the average stream flow in the stream in the summer, this does not mean that the instream flow number is wrong.  Rather it means that the stream will provide more fish habitat in wet years than in dry ones.  Protecting the occasional “good water year” is needed to preserve a healthy population of fish.  If we want to protect the habitat available in those good wet years, then the instream flow needs to be set at that higher flow level.

    ——————————————————————————————-

    Why not set flow levels lower than the existing flows in the stream? Answer…

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

    What are the laws that allow Ecology to set flows by rule?

    Answer…

    The legal authority to set instream flows by rule comes from laws passed by the state legislature, including:

    • Construction projects in state waters (RCW 77.57.020)
    • Water code (RCW 90.03.247)
    • Minimum water flows and levels (Chapter 90.22 RCW)
    • Water resources act of 1971 (Chapter 90.54 RCW, particularly section 020)
    • Watershed planning (RCW 90.82.080

    —————————————————————————-

    The bottom line

    The nuts and the Boltd of it

    THE ISSUE OF “INSTREAM FLOW” IS REALLY VERY SIMPLE. 

    IT ACTUALLY BOILS DOWN TO A VALUE JUDGMENT

    NO MORE FISH BEFORE PEOPLE