Washington State Climate Change Adaptation Efforts in the Water Sector

1. Washington State Climate Change Adaptation Efforts in the Water Sector Kurt Unger Policy and Planning, Water Resources Program Washington State Department of Ecology

2. The Water Issues: What We Know • Climate change will mean less water when it’s needed most • There’s already not enough water to go around in the summer • Climate change will push policy makers to make tough decisions • Acting sooner rather than later preferable but politically challenging • States and provinces in the Columbia River Basin share same resources but don’t collaborate enough

3. Water Issues: What We Don’t Know • What will our streams and aquifers look like in a climate changed future? • Planning used to be based on the historic record, what should it be based on now? • Can we adapt? How? • How much water are people using? • How much can people conserve? • Can different states and provinces find some common ground on water policy? • Will climate change serve as a catalyst for action?

4. Climate Change Will Mean Less Water When It’s Needed Most • Spilling water for salmon vs. generating power • Less water - warmer water • Less groundwater - warmer surface water • Warmer air - crops, lawns need more water • More water, more pumping, more energy • Warmer air - more energy to power AC • More water needed to generate power Factor in population, Governor’s Executive Order

5. Population Growth: People Need Water

6. Projected Population Growth Extrapolating Current Trends Current population: ~6.3 million 2025 population: ~8.1 million 2050 population: ~10.3 million Population Growth:People Need Water

7. Everything Else Needs Water Too

8. Incorporating Climate Change into Decision Making:The Need for Action Observed and Projected (2020s, 2040s) Streamflow at the Dalles

9. Incorporating Climate Change into Decision Making:Dealing with Uncertainty

10. Governor’s Executive Order: Washington Climate Change Challenge • By 2020, reduce greenhouse gas emissions to 1990 levels • By 2035, reduce greenhouse gas emissions to 25% below 1990 levels • By 2050, reduce emissions to 50% below 1990 levels • Population Context • Population in 1990: ~4.8 million • Population in 2050: ~10.3 million • Per capita C footprint will need to be <25% of 1990

11. The CAT, PAWGs and TWGs

12. Formed to assist Ecology and CTED in developing recommendations for the Governor on how Washington can prepare and adapt to the impacts of climate change. Incorporate climate change into law, policies, rules, planning, thinking Brainstorming Low hanging fruit at first Task forces to study/work more complicated issues Likely an evolving, continuing process Big Picture – CAT, PAWGs, TWGs

13. Set goals to reduce greenhouse gas emissions (GHG) Develop regional market based multi-sector mechanism to achieve regional GHG reduction goal (cap and trade) Participate in a multi-state GHG registry Identify measures in our states, tribes and provinces to adapt to climate change Western Regional Climate Action Initiative (2/26/07)

14. Freshwater PAWG: Update • 4 meetings to date, 4 more planned before December • Currently developing Action Priorities around: • Drought • Water management • Conservation • Information gathering • Planning • Outreach

15. Freshwater PAWG: Drought • Drought Preparedness Account (DPA) • Funding nearly depleted • Currently no bonding authority • Bonds could be sold on an “as-needed” basis to support a multi-year preparation and response • An active DPA would help folks adapt to increasing frequency of drought • Funding could be tied to: • Development of drought response plans • Goals for achieving efficiency and conservation targets in non-drought years as well • What’s a drought? • Is it really an emergency if it happens every year?

16. nor·mal - adjective 1. conforming to the standard or the common type; usual; not abnormal; regular 2. serving to establish a standard - noun 1. the average or mean Defining Drought in a Climate Changed World: The Changing Relationship Between “Normal” and the “Mean of the Historic Record”

17. Climate Change as a Catalyst: Drought Planning • How is drought defined in statute? • Undue hardship, 75% of “normal” supply • What’s “normal” in a changing data set? • Mean historic record? Clearly, no • Mean last 30 years? • Mean last 20 years? • Mean last 20 years and projected 20 year future? • Who’s future? • How does the State promote drought planning as opposed to more frequent emergency responses?

18. Case StudyLittle Spokane at Dartford

21. Setting the Record Straight • Defining normal as running 20-year mean: • 28% decrease in frequency of possible drought declarations during last 10 years • If “normal” = mean of historic record, and that’s no longer reflective of current “normal” conditions, what do we do? • Options: • Less difficult: Ecology rule that defines how “normal” is calculated for drought purposes • More difficult: change the drought statute • Do nothing, just declare drought more often • Does that “strategy” promote adaptation?

22. Freshwater PAWG: Water Management • Address current barriers to the sustainable regulation and management of groundwater resources (exempt wells) • Explore means to achieve instream flows • Enforce penalties for illegal use • Explore new water storage options

23. Climate Change as a Catalyst:Permit Exempt Wells RCW 90.44.050 Exemptions to the Permit Requirement to Withdraw State Waters No permit is required for “any withdrawal of public ground waters for stock-watering purposes, or for the watering of a lawn or of a noncommercial garden not exceeding one-half acre in area, or for single or group domestic uses in an amount not exceeding five thousand gallons a day, or as provided in RCW 90.44.052, or for an industrial purpose in an amount not exceeding five thousand gallons a day”

24. Permit Exempt Wells: Some Assumptions and Guesstimates • Most wells are on septic • Domestic use largely (90+%?) non-consumptive • Outdoor use largely (90+%?) consumptive • Outdoor use in the summer is for lawn and gardening, requires lots of water (shallow roots) • There’s about ¾ million wells in WA, ¼ million likely abandoned/decommissioned • Approximately 8,000 new wells/year • Most are permit exempt • This probably represents about 80% of actual total • Approximately 1,000 decommissioned/abandoned wells/year

25. Climate Change as a Catalyst:Permit Exempt Wells • Exemption caveats: • Only exempt from the permit process • 1997 AGO: permit exemption does not apply to a group of wells constructed as part of a single development • Ecology v. Campbell and Gwinn (2002) • Developer wanted to develop 20 lots using 20 permit exempt wells • “It is the developer, not the homeowner, who is seeking the exemption in order to drill wells…and provide for group domestic use in excess of 5,000 gallons”

26. Climate Change as a Catalyst:Permit Exempt Wells • Some areas of the state are allowing permit exempt well developments to proliferate in such a manner that could be interpreted as contradicting the intent of Campbell and Gwinn • What’s a project? • Some decisions to allow such developments may not be considering: • The cumulative effect of such withdrawals on the aquifer and streams the groundwater feeds • The cumulative effect of such withdrawals on senior water rights • The long-term viability of such a “policy”* *Factor in climate change

27. It’s Not Really Whether or Not There’s Water, It’s Where Would that Water Have Gone?

28. Climate Change as a Catalyst: Permit Exempt Wells

29. Climate Change as a Catalyst: Permit Exempt Wells

30. Climate Change as a Catalyst: Permit Exempt Wells

31. Climate Change as a Catalyst: Permit Exempt Wells: Kittitas Petition • APA derived citizen petition recently filed for Ecology to withdraw Kittitas County groundwater resources until such time that sufficient information and data are available to allow for sound decisions on future withdrawals per RCW 90.54.050 • 1200 permit exempt wells since 2002 • Alleges 6,000 lots await development, vast majority allegedly will use permit exempt wells • Alleges developers are avoiding Campbell and Gwinn via LLCs • Seniors alleging potential water quantity/quality impairment from cumulative effect of permit exempt wells • Yakima

32. Kittitas County Petition: More of These in a Climate Changed Future? RCW 90.44.130 “Between appropriators of public ground water, the prior appropriator shall as against subsequent appropriators from the same ground water body be entitled to the preferred use of such ground water to the extent of his appropriation and beneficial use, and shall enjoy the right to have any withdrawals by a subsequent appropriator of ground water limited to an amount that will maintain and provide a safe sustaining yield”

33. Climate Change as a Catalyst: Enforcement • Calls for more enforcement are becoming increasingly more common • Climate change will breed more conflict • More water masters? • Caveat: Ecology can only regulate users in an adjudicated basin (Rettkowski v. Ecology (1993))

34. Climate Change as a Catalyst: Adjudication Adjudication Need: • Wide discrepancy between wet and paper water rights • More difficult to regulate/protect instream flow rights without adjudication • Accurate information helpful for effective water banks • Only 10% of land area in Washington adjudicated • Adjudication definition: • Legal process whereby each water right is examined and a determination on the validity and quantity associated with each right is made

35. Climate Change as a Catalyst: Adjudication • Adjudication is time consuming and expensive • Yakima, 30 years and running • “only” surface water • Other options • Water courts • A bill that would have established water courts was introduced in 2005. It had one hearing and died. Reintroduced in 2006, died. • Streamlined adjudications

36. Climate change will make it more difficult to achieve instream flows Could instream flow rules: Define achievement? Identify a funding source to purchase senior water rights? What if there are no willing sellers? RCW 90.54.010: “Instream resources and values must be preserved and protected so that future generations can continue to enjoy them” RCW 90.54.020: “Perennial rivers and streams of the state shall be retained with base flows necessary to provide for preservation of wildlife, fish, scenic, aesthetic and other environmental values, and navigational values.” Climate Change as a Catalyst:Moving Beyond Setting Instream Flows

37. Off channel storage Cost benefit analysis Recreation and drawdown Funding Hanford Small storage, rain catchment Climate Change: the Storage Debate Aquifer storage and recovery

38. Freshwater PAWG: Conservation • Fund water conservation activities • Promote water conservation • Support/adopt stronger efficiency standards • Promote reclaimed water • Promote low impact development

39. Climate Change as a Catalyst: Decreasing Demand via Conservation and Efficiency • Climate change will exacerbate supply and demand conflicts in the summer • How much will people voluntarily conserve? • After the voluntary peak, what’s next? • Conservation incentives via state cost sharing? • Efficiency standards? • Economic incentives? • Like mandatory LEED, mandatory WaterSense for state buildings, schools…beyond? • Decoupling profit from consumption in utility rates to increase conservation?

40. Climate Change as a Catalyst: Reclaimed Water • Encouraging reclaimed water • What about new consumptive uses? • In Yakima, that’s impairment • Compensation/mitigation must be agreed to by holder of impaired right • Governor vetoed 2007 change to “just compensation” • Mandating reclaimed water for certain uses? • Toilet flushing? • Golf courses? • Recreational fields? • Some agriculture? • Mandatory reclaimed for new housing developments? • More than 40,000 homes in Melbourne, Australia must get purple pipe for toilet flushing, washing cars and watering gardens, lawns

41. Climate Change as a Catalyst: Encouraging Low Impact Development • Climate change will push communities that want to continue growing to push for LID • Localized greywater, stormwater treatment • Localized storage, rain harvesting • More permeable surfaces – local aquifer recharge • Restoring/maintaining natural hydrologic functions

42. Freshwater PAWG: Information Gathering, Science • Develop better understanding of water use

43. Climate Change as a Catalyst: Where’s all the Water Going? • More gages, groundwater monitoring • Mandatory metering • Ecology required to meter 80% of use in 16 fish critical basins • Ecology goal to meter 90% of surface and ground water diverted from the Columbia within a one-mile corridor by June 2009 • In Yakima River Basin surface water diversions are required to be metered per County Superior Court orders • Can we do more? • Non-critical basins too? • Mandatory telemetry?

44. Climate Change as a Catalyst: Where’s all the Water Going? • Can we meter permit exempt wells? • Just started this in the Walla Walla • What about going statewide? • Estimated ½ million wells with ~8,000 new wells/year • Costs to implement and administer worth the benefit?

45. Freshwater PAWG: Planning and Outreach • Incorporate climate change into comprehensive plans under GMA • Incorporate climate change into SEPA • Engage the public to raise awareness about climate change • Engage watershed planning groups to consider climate change

46. Climate Change: Other Water Policy Issues • Water quality • Water temperature • Flooding • Agriculture • Forests • Human Health • Recreation

47. Viewing Water Policy through a Carbon Lens: the Energy – Water Nexus • Meeting the Governor’s Executive Order will push all communities to weigh the carbon footprints of different water policies • What part can the water sector play in reducing carbon emissions? • Centralization vs. decentralization • Energy to treat/transport stormwater, greywater vs. local, on site • Water conservation = energy conservation • Water efficiency = energy efficiency • Ex. Hot water heaters vs. tankless heaters • Less pollution = less treatment energy