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Home My WebLink About013 03 ð. fir'/). 3 01. O. Po ·/9·f) s- 1J,W. dA,uA~ STATE OF WASHINGTON County of Jefferson In the matter of a Establishing a Policy Regarding Public Water Supply for Marrowstone Island RESOLUTION NO. 13-03 WHEREAS, the Board of County Commissioners for Jefferson County, Washington (the BOCC), in their role as the legislature for Jefferson County makes the following findings. WHEREAS, Jefferson County's Unified Development Code was adopted in December 2000; and WHEREAS, the Shine Community Action Council and Olympic Environmental Council appealed the UDC on grounds that it did not provide sufficient protection from seawater intrusion; and WHEREAS, the Western Washington Growth Management Hearings Board upheld the appeal by Shine Community Action Council and Olympic Environmental Council, and ordered Jefferson County to designate seawater intrusion areas and adopt protection standards to prevent aquifer degradation by seawater intrusion; and WHEREAS, Jefferson County amended the UDC and adopted the Coastal Seawater Intrusion Policy to comply with the Hearings Board ruling; and WHEREAS, in December, 2002, the Western Washington Growth Management Hearings Board ruled that the amended UDC and Coastal Seawater Intrusion Policy was not sufficient in protecting aquifers; and WHEREAS in the order, the Western Washington Growth Management Hearings Board identified Marrowstone Island as an area needing additional protections for groundwater quality; and WHERE¿.1S, regardipg Marrowstone Island, the Western Washington Growth Management Hearings Board order requires Jefferson County within 90 days to adopt more stringent protection standards or a development moratorium using groundwater; and Resolution No. 13-03 re: Establishing a Policy regarding a Public Work Supply for Marrowstone Island WHEREAS, the Jefferson Comprehensive Plan includes Goal ENG 3.0 states, "Ensure a sustainable and safe water supply as a critical necessity for residential, economic, and environmental needs;" and WHEREAS, the Jefferson Comprehensive Plan policy ENP 13.5 states, "Encourage the use of community water systems to serve new shoreline development" which also applies to islands like Marrowstone Island; and WHEREAS, Action Item 8. in the Environment Chapter of the Jefferson Comprehensive Plan states that Jefferson County shall, "Work with purveyors to promote the use of unaffected upland water sources and other alternative supplies, where appropriate, to supply new and existing development in affected areas; and WHEREAS, the Jefferson Comprehensive Plan policy ENP 3.3 states, "Preserve and protect both existing and future water supplies, and encourage activities which utilize alternative water sources that are compatible with environmental protection, in accordance with state and federal laws regulating alternative water uses;" and WHEREAS, the Jefferson Comprehensive Plan Utility Policy UTP 5.1 states. "The creation and the extension of public water supply systems outside Urban Growth Areas shall be consistent with the rural densities specific in the Land Use Element, and shall be financed entirely by the benefited properties and not the general rate payer;" and WHEREAS, the Jefferson Comprehensive Plan Utility Policy UTP 5.6 states, "Routinely review the Critical Areas Ordinance and current data to identify and improve processes that will reduce the risk of salt water intrusion;" and WHEREAS, the Jefferson Comprehensive Plan Utility Policy UTP 5.8 states, "Work with purveyors to promote the use of unaffected upland water sources and other alternative supplies, where appropriate, to supply new and existing development in affected areas;" and WHEREAS, the State Department of Ecology interprets existing water law to indicate that use of a rainwater catchments system to provide drinking water for a residence requires a sùrface water right for appropriation of that water; and WHEREAS, currently applications for surface water rights generally take more than 10 years before they are processed, and therefore dependence on rainwater collection systems is not a viable solution for development; and Page 2 ~ , Resolution No. 13-03 re: Establishing a Policy regarding a Public Work Supply for Marrowstone Island WHEREAS, other possible alternative water supplies include desalination and trucking water, both of which are energy intensive and expensive, and thus conflict with other environmental objectives; and WHEREAS, the Jefferson County PUD #1 has been petitioned to form a Local Utility District providing public water supply to Marrowstone Island; and WHEREAS, the Jefferson County PUD #1 sent out an initial survey to get feedback on a proposed public water system; and WHEREAS, based on the survey, the Jefferson County PUD will be following the requirements ofRCW 35.44.090 and RCW 54.16.140; and WHEREAS, with the development of a public water supply system to deliver water to Marrowstone Island the County will meet the requirement of the hearings board order by protecting aquifer quality from further degradation by seawater intrusion through the development impacts regulated by Jefferson County under the Growth Management Act. THEREFORE, BE IT RESOL VED by the Board of Jefferson County Commissioners that Jefferson County: 1. Supports the formation of a rural public water supply system consistent with the rural densities as identified in UTP 5.1 for Marrowstone Island as the long-term solution for water quality degradation caused by seawater intrusion on Marrowstone Island. 2. Shall require all new development requiring potable water on Marrowstone Island permitted by Jefferson County to use the public water supply source. 3. States that actions undertaken by it in cooperation with the Public Utility District No.1 of Jefferson County from this point should reflect that long-term goal for providing public water to Marrowstone Island. 4. Recognizes that any action by the County or other agencies that could prevent, limit or restrict the development of public water on Marrowstone Island shall be and is in conflict with this resolution. 5. In order that public health and environmental quality are protected, urges the cooperation of local and state agencies so that the public water supply should be approved within approximately 18-24 months from the date of this resolution. Page 3 Resolution No. 13-03 re: Establishing a Policy regarding a Public Work Supply for Marrowstone Island 6. Acknowledges that failing to meet the objective of providing public water to Marrowstone Island within a reasonable timeframe could subject Jefferson County to further review by and or be in conflict with the two Orders from the Western Washington Growth Management Hearings Board. 7. Acknowledges that although compliance with the Hearings Board orders may represent an unfunded mandate, Jefferson County intends to comply to the best of the County's ability. w..····' , " . 'f r, 0" """.., . j ., '.~;l: ~ fJ"\ /. \ " .' " ~ ", '\ í: "'~~,' (. '~.. \ , ... . i J . ,It ~\: "'. \ ' I \ ,/; ~ ! . . . '-~ ';\ ATTEST ,.... \ i. - . \, ~''''''''''''' .....-1 . . . ~ ~.,. t \)'" .~'\ ' cf~an~M. Clerk of the Board SEAL: APPROVED AS TO FORM .2), ~)o 3 p~~~~ey~~'~ JEFFERSON COUNTY BOARD OF COMMISSIONER 1JL~ Dan Titterness, Ch ir ~gting or , Wendi H. Wrinkle, Member Page 4