The Gristle

Twice Zero

Wednesday, October 19, 2016

TWICE ZERO: The first law of holes is, “If you find yourself in a hole, stop digging.”

Whatcom County found itself at the bottom of an enormous deep hole earlier this month when the Washington Supreme Court agreed with the findings of a state growth board that determined the county had failed to protect ground and surface water resources and had oversubscribed its water supply, “granting building permits for houses and subdivisions to be supplied by a permit-exempt well even if the cumulative effect of exempt wells in a watershed reduces the flow in a water course below the minimum instream flow.” The county must come into compliance with state growth goals, justices warned.

Armed with this information, county planners furiously set to work on the depth of the hole with pickaxes and shovels.

“We are continuing to process plat and permit applications per current code,” Planning and Development Services Mark Personius announced in an email to the Building Industry Association of Whatcom County. “Therefore, unless and until the County Council or the [Washington Growth Management] Hearings Board (upon remand) takes action directing PDS otherwise, we will continue to schedule permit pre-application meetings, permit application intakes, and process development permit applications that may rely on a permit-exempt well.” The quote was included in a BIAWC email broadcast to its membership.

On remand to the WGMHB, the board will undoubtedly reassign its original order of invalidity to the county’s Comprehensive Plan. The board has already repeated its order in several instances, and there is no reason for the county—having gotten its ass kicked on this issue, with none of the county’s expensive legal sophistry bearing fruit—to believe anything substantive has changed.

The broadcast will almost certainly invite another stampede of permit applications similar to that observed in 2009 when spiteful county policymakers—hostile even to the idea of planning—threw open rural areas to a massive upzone, an upzone so large that none of the residential development over the next 20 years need occur in any of the county’s designated urban growth areas (this alone should have rightly triggered a class-action lawsuit from the cities, starved of real estate excise taxes and construction-related revenues). Under Washington law made even more unwieldy by absurd county code, every one of those permit applications gains certain immediate vesting privileges even if incomplete—privileges that once granted cannot be easily clawed back, greatly complicating the work the county faces in trying to comply with the directives of the high court.

We can predict with a high degree of confidence how this may all play out if resolved through the courts: Those with a recognized water right under Washington law (“first in time, first in right”) will be in line ahead of those with longstanding water claims, and those with no rights or claims at all (e.g., 30,000 permit-exempt wells) will be hindmost. Why exacerbate this certainty by advertising for new applications based on wells? Ultimately, it is cruel.

The second law of holes is, “If you find yourself in a hole, find some way to climb out.”

Help on issues of water resource inventory does not appear to be speedily on the way, as the county last month finally entered into a belated, aggressively negotiated interlocal agreement with a tangle of tribes, the cities, the public utility district, Ag water board, state fisheries and various stakeholder caucuses to merge two do-little efforts into one larger, more complicated and presumably (the multiplication of zero functioning as it does) do-little effort to kick the can down the road. Under the agreement, the WRIA-1 Watershed Management Project Joint Board will merge with the WRIA-1 Salmon Recovery Board, and get them communicating.

The Gristle has noted before the two fundamental failings of the WRIA-1 Planning Unit authorized under Washington law—namely, it is not a unit but a loose cohesion of competing caucuses, some with poor representation, some seemingly without representation at all; and it is not planning in any demonstrable sense, being both byzantine and balkanized. Judging from its output, the primary goal of the Planning Unit was to fiddle and dither while underhandedly permitting the buildout of the county and exhaustion of its resources. A 2005 water action plan stalled and collapsed in 2011. The most functional (and responsible) continuing partners on the Planning Unit are, of course, the governmental entities with budgets, staff, broad public goals and mandate as lead agencies.

WRIA-1 is the technical description for the Nooksack River drainage basin, and therefore this consolidated team of governments and agencies will take the lead in tackling issues related to groundwater and instream flows. Shorn of paralysis of the competing caucuses by subordinating their  role, and energized by the addition of tribal and state fisheries interest, this merged group now has a slim chance of success. The tribes played a significant role in knocking the nonsense out of the former mash of competing interests by insisting on official government-to-government representation for the board.

“Certainly the goal is not to keep going without resolution,” Gary Stoyka, Natural Resources program manager reported to County Council. “The goal is to answer the questions of instream flow, the out-of-stream water needs, and get it resolved.”

“This still gives us the opportunity to work collaboratively moving forward. It gives the caucuses the ability to listen to constituents,” County Executive Jack Louws noted. “This has been a two-year process getting us to the point where we are right now, where we have all of the entities in support of making this major step, recognizing that the Planning Unit continues to have their statutory authority under state law. This is a workable solution for us to work collaboratively on projects, a logical step for moving forward.”

Past Columns
War Waged on Two Fronts

December 11, 2019

Work Horse, Not Show Horse

December 4, 2019

Toward A Housing Summit

November 27, 2019

Dueling Data

November 20, 2019

Of Apples and Barrels

November 13, 2019

Hide the Money

October 30, 2019

Anchors Are Weighed

October 23, 2019

A Working Waterfront?

October 15, 2019

Keep Working

October 9, 2019

Signs of Hate

October 2, 2019

Trust Gap

September 25, 2019

Netse Mot

September 18, 2019

A Rising Tide

September 11, 2019

The Power of Change

September 4, 2019

Hands Against Hate

August 28, 2019

Ground Zero

August 21, 2019

Fire and Frost

August 14, 2019

The Fury and the Folly

August 7, 2019

Due East II

July 31, 2019

Events
Today
Holiday Pet Food Drive

10:00am|Whatcom County

Deck the Old City Hall

12:00pm|Whatcom Museum's Old City Hall

Giving Tree

9:00am|Village Books

Holiday Festival of the Arts

10:00am

Miracle Pop-Up Holiday Cocktail Bar

4:00pm|Swim Club

Shrek the Musical

7:00pm|Burlington-Edison High School

Treasure Island

7:00pm|Sehome High School Theater

Number the Stars

7:30pm|Anacortes Community Theatre

A Christmas Carol

7:30pm|Sylvia Center for the Arts

Crazy for You

7:30pm|Bellingham Theatre Guild

Pacific Arts Market

10:00am| Sunset Square

Toys for Tots

10:00am

Holiday Tea

11:00am|Willowbrook Manor

Valley Made Holiday Market

5:00pm|Maplehurst Farm

Christmas on the Docks

5:00pm|Cap Sante Marina

Wonderland Walk

5:00pm|Washington Park

Honk! The Musical

7:00pm|Bellingham Arts Academy for Youth

Darkness and Light

7:30pm|St. James Presbyterian Church

Narnia the Musical

7:30pm|Claire vg Thomas Theatre

Tarnation and Holiday Games

7:30pm|Upfront Theatre

Breakfast with Santa

9:00am|Sedro-Woolley Community Center

NSEA Work Party

9:00am

Sumas Book Club

10:00am|Sumas Library

Fairhaven Winterfest

10:00am|Historic Fairhaven

Winter Faire

10:00am|Whatcom Hills Waldorf School

Old-Fashioned Christmas Market

10:00am|Friday Harbor Brickworks

Winter Arts & Crafts Festival

10:00am|Pioneer Park Pavilion

Your Life is a Story Writers Group

10:30am| South Whatcom Library

Award-Winning Book Club

10:30am|Lynden Library

Mastering Wisteria

10:30am|Full Bloom Farm

Snow Geese of Skagit

10:30am|Christianson's Nursery

Saltadena Celebration

11:00am|Saltadena Bakery

Winter Wonderland Gift Gala

11:00am|Carnation Building

Holiday Craft Bazaars

11:30am

Holiday Maker's Market

12:00pm|Terramar Brewing and Distilling

Holiday Tea and Crafts

1:00pm|North Fork Library

Holiday Joy with Fidalgo Youth Symphony

1:00pm|McIntyre Hall

Festive Feasting Reception

1:00pm|Good Earth Pottery

Teen Art Fair

2:00pm|Blaine Library

Big Holiday reds tasting

2:00pm|eifert & Jones Wine Merchants

Shrinking the Worry Monster

2:00pm|Village Books

Birding for Kids

2:30pm

Bowman Bay Holiday

3:00pm|Bowman Bay

A Deep Dive Into Eve Deisher's Psyche

3:00pm|Museum of Northwest Art

Noel Ensemble

3:00pm|Jansen Art Center

One Meditation

4:00pm| Boulevard Park

The Nativity

6:30pm|Mount Baker Theatre

Holiday History Hi-Jinks

7:00pm|Downtown Bellingham

Early Railroads of Whatcom County

7:00pm|Village Books

Contra Dance

7:00pm|Fairhaven Library

Center Into Solstice

7:00pm|Cafe Blue

Winter Solstice Concert with SeaMuse

7:30pm|Firehouse Arts and Events Center

The Kelley World Tour

7:30pm|Lummi Island Library

Cidertails with Alexine Langdon

7:30pm|housand Acre Cider House

Heralding Christmas with Skagit Valley Chorale

7:30pm|McIntyre Hall

Tomorrow
Holiday Pet Food Drive

10:00am|Whatcom County

Deck the Old City Hall

12:00pm|Whatcom Museum's Old City Hall

Giving Tree

9:00am|Village Books

Holiday Festival of the Arts

10:00am

Miracle Pop-Up Holiday Cocktail Bar

4:00pm|Swim Club

Crazy for You

7:30pm|Bellingham Theatre Guild

Number the Stars

7:30pm|Anacortes Community Theatre

Pacific Arts Market

10:00am| Sunset Square

Christmas on the Docks

5:00pm|Cap Sante Marina

Valley Made Holiday Market

5:00pm|Maplehurst Farm

Honk! The Musical

7:00pm|Bellingham Arts Academy for Youth

Narnia the Musical

7:30pm|Claire vg Thomas Theatre

Winter Wonderland Gift Gala

11:00am|Carnation Building

The Nativity

6:30pm|Mount Baker Theatre

Heralding Christmas with Skagit Valley Chorale

7:30pm|McIntyre Hall

Sedro-Woolley Community Breakfast

8:00am|American Legion Post #43

Langar in Lynden

11:00am| Guru Nanak Gursikh Gurdwara

Celtic Yuletide

3:00pm|Lincoln Theatre

Scarlett and Dicey

4:00pm|Village Books

Vaudevillingham

7:00pm|Cirque Lab

Monday
Holiday Pet Food Drive

10:00am|Whatcom County

Giving Tree

9:00am|Village Books

Holiday Festival of the Arts

10:00am

Miracle Pop-Up Holiday Cocktail Bar

4:00pm|Swim Club

Whatcom Flute Ensemble

3:00pm|Bellingham Public Library

MVHS Winter Concert

4:00pm|McIntyre Hall

Community Soup Kitchen

6:00pm|Little Cheerful Cafe

Avalanche Awareness with NWAC

6:00pm|REI

Poetrynight

7:00pm|Alternative Library

Guffawingham

9:00pm|Firefly Lounge

see our complete calendar »